For Richer, For Poorer?

A widow has recently succeeded in her contentious probate claim for financial provision from her late husband's estate. She brought her claim under the Inheritance (Provision for Family & Dependants) Act 1975 as, despite 66 years of marriage, her husband failed to include her in his Will.

 Karnail Singh died in 2021, leaving a Will made in June 2005. His Will completely excluded his wife of 66 years, Harbans Kaur, and their four daughters. Instead, he said he 'wished to leave his estate solely down the male line'. His estate, estimated to be worth £1.9m, including shares in various companies, was left equal to his two sons.

The Judge, Mr Justice Peel, ruled that the Deceased's wife should receive 50% of the estate's net value stating that she had played 'a full role' in their marriage and worked alongside her husband in the family clothing business. 

The decision is consistent with existing case law and the application of the divorce hypothesis in claims made by spouses. 

If you are an eligible applicant, the court will consider whether the deceased's estate makes "reasonable financial provision" for you. 

In all cases, save that of a spouse or civil partner, the amount of any reasonable financial provision is limited to maintenance. In spouse and civil partner claims, the award will focus on what is reasonable for the spouse to receive – it is not restricted to maintenance.

In coming to a decision, the Judge will consider the following factors:

• The financial resources and needs the applicant has or is likely to have in the foreseeable future, including savings and debts.
• The financial resources and needs of the beneficiaries and any other applicants.
• The size and nature of the Deceased's estate.
• Whether the applicant, beneficiaries or any other applicants have mental or physical disabilities.
• The Deceased's obligations and responsibilities towards any applicant or any beneficiary of the estate.
• Any other relevant circumstances, including the conduct of the Deceased or the applicant.