Widow wins High Court dispute despite her late husband's wishes:
'Reasonable Provision' - Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam).
In recent news, Mr Justice Peel has ruled that 'reasonable provision' was not made for an 83-year-old, 'left with next to nothing'.
Despite the estimated value of the estate, before tax and costs, falling at £1,990,000 the deceased left nothing to his wife.
Earlier this month the above case was brought before the court to question whether, considering the Inheritance (Provision for Family and Dependants) Act 1975:
- Does the will fail to make reasonable financial provision for the claimant?
- If so, what should the financial provision be?
Harbans Kaur is the widow of the late Karnail Singh and the claimant in this case.
The couple had been married for 66 years at the date of death, however, in 2005 Mr Karnail Singh wrote his will, expressly stating his wishes to leave his estate "solely down the male line", therefore, excluding his wife and four daughters.
The will dated 25 June 2005 left the estate in equal shares to two of the sons.
The claimant relied on the fact that Ms Kaur was dependent financially upon the deceased, who met all family outgoings. The claimant has very modest assets and an income consisting of state benefits.
Mr Justice Peel, who heard the case in the family division at the Royal Courts of Justice, was satisfied that Kaur had played a "full role" in the marriage and in the family's clothing business.
Mr Justice Peel stated that, weighing up all the factors in s3 of the Inheritance Act 1975, "this is the clearest possible case entitling me to conclude that reasonable provision has not been made for the claimant", adding: "It is hard to see how any other conclusion can be reached."
Accordingly, Mr Justice Peel awarded 50% of the net value of the estate to the claimant.
This decision is a clear depiction that certain individuals cannot simply be left or cut out of a will. The decision here shows a clear focus on the role of the spouse. Here, the claimant had consistently made great contributions to the life of the deceased and in raising their seven children.
In recent years the court has been clear on this matter. Despite Mr Singh's clear and concise wishes to leave his estate to the male bloodline, the court ruled in the interest of fairness.
The impact and effect of a successful challenge to the validity of a will can be significant. It goes without saying that the law relating to the provision for family is complicated.
Our solicitors have many years of experience in advising executors and beneficiaries in dealing with complex, high-value contentious probate claims concerning the validity of wills and other disputes involving wills and estates. They combine technical knowledge with the ability to give clear, practical, and outcome-focused advice.
Further, our wills team are experienced in drafting wills for blended families, assisting clients with providing for the sometimes competing needs of loved ones.
To find out more or discuss your individual circumstances in further detail, contact us on 01603 693500 or email us using the 'Make an Enquiry' form on our website.
