A vulnerable widow, who was left out of her husband’s Will has been awarded half of her Husband’s estate by the High Court, after bringing a claim for reasonable financial provision against his estate under the Inheritance (Provision for Family and Dependants) Act 1975 (‘Inheritance Act’).
Karnail Singh left everything to his two sons and nothing to his widow, Mrs Harbans Kaur, or his four daughters, intending to leave his estate solely to the male line.
The judge ruled that reasonable provision had not been made for Mrs Kaur and that she should receive 50 per cent of the net value of the estate, worth £1.2 million.
The couple had been married for 66 years and had seven children. Mrs Kaur had played a full role in the marriage and worked in the family clothing business.
However, no provision was left for her in the Will and her income consisted of state benefits of around £12,000.
James Pettit, a Solicitor with Palmers who specialises in Will disputes, said: “Claims under the Inheritance Act can be brought by family members of the Deceased and those who were dependant on the Deceased immediately before his death if, in all the circumstances, they have not received reasonable financial provision from the Deceased’s estate.
“These disputes will often be between family members of the Deceased at a time when they are grieving, therefore, they can be emotionally charged and lead to lengthy legal battles.
“If an Inheritance Act claim is issued, it will usually be heard in the Chancery Division of the High Court, which specialises in handling disputes relating to Wills, estates and trusts.
“The Court will first consider whether reasonable financial provision has been made for the applicant. If it finds that reasonable financial provision has not been made, the Court will then consider what level of provision should be made for the applicant.
“When considering whether reasonable financial provision has been made for an applicant, the Court will consider all the circumstances of the case, including:
- The financial resources and needs of the applicant(s), both now and in the future;
- The financial resources and needs of the Deceased’s chosen beneficiaries, both now and in the future;
- Any obligations and responsibilities which the Deceased owed to the applicant or any beneficiary of the estate;
- The size and nature of the Deceased’s net estate;
- Any physical or mental disability of any applicant or beneficiary of the estate;
- Any other relevant matters, including the conduct of the applicant or any other person
“There are other specific matters which the Court will consider in specific cases, depending on the type of applicant.”
For more information about bringing a claim under the Inheritance Act or if you would like to put in place measures to reduce the risk of a claim being brought against your estatein the future, please get in touch with our expert team.