In the landmark case of Kaur v Estate of Karnali Singh & others, the High Court held that an 83-year-old widow, whose husband of sixty-six years left her out of his will, was entitled to half of the net value of her husband’s estate.
Mr Singh, who died in 2021, left his entire estate, valued between £1.2 and £1.9 million, to his two sons in equal shares under the terms of his will. His wife, Mrs Kaur, and four daughters were excluded from the will as he wished to leave his estate solely down the male line. Mrs Kaur subsequently brought a case in the High Court to contest the will. Due to reasonable provisions not being made, Mrs Kaur won the case.
Reasonable Provision Was Not Made
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain classes of people, such as spouses or children, can contest a will on the ground that reasonable financial provision has not been made for them.
Mr Justice Peel held that in this case, it was very clear that, ‘reasonable provision’ had not been made for Mrs Kaur, whose income consisted only of state benefits of around £12,000. He noted that the couple had been married for about sixty-six years by the time of Mr Singh’s death and had seven children together, of whom one was deceased. Evidence suggested that Mrs Kaur had played a full and equal role in the marriage and had also worked in the family clothing business. Despite this, she was left with next to nothing. Mr Justice Peel, therefore, went on to conclude that she should receive 50% of the net value of the estate.
Win Opens Doors for Others in Similar Circumstances
Mrs Kaur’s lawyer said the decision should be a warning to anyone considering making rash or unfair decisions about beneficiaries of their estates. In her view, the court has ruled in the interest of fairness and has made it clear that people cannot be cut out of wills, especially spouses who have contributed to the marriage for a significant number of years, thus opening the doors to many other families and individuals who find themselves in similar situations.
Has Reasonable Provision Been Made for You?
If you feel you have not been properly provided for under a will and would like advice as to whether you have grounds to pursue a claim for financial provision, please contact our solicitors team or email us.
