Disinherited in your spouse’s Will? Here’s what you can do.

A woman who was totally overlooked in her husband’s Will despite making a ‘full and equal contribution’ to their 66-year marriage has been awarded half his £1.2 million estate.

Karnail Singh left everything to his two sons declaring he ‘wished to leave his estate solely down the male line’ with not a penny to his wife, Harbans Kaur, or his four daughters.

Now a High Court judge has ruled that reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975 was not made for 83-year-old Mrs Kaur. She had been forced to live on benefits and move in with her daughter after her husband’s death in August 2021.

Setting an important legal precedent, Mr Justice Peel said Mrs Kaur should be entitled to financial provision to support her in later life and awarded her half the net value of the estate plus an interim payment of £20,000.

As Mrs Kaur’s solicitor, Jessika Bhatti, pointed out: “This judgement has opened the door to many other families and individuals who find themselves in similar circumstances.”

Why is this disinherited spouse case so notable?

Calling it the clearest possible case for an Inheritance Act claim by a surviving spouse, Mr Justice Peel disposed of the matter, which was undefended by Mr Singh and Mrs Kaur’s two sons, without a trial.

Had it been disputed, the case could have dragged on for years racking up huge expense for the family, reducing the size of the estate as well as being extremely emotional and stressful for everyone involved.

Mrs Kaur’s solicitor added: “The case will now act as a precedent to ensure the most vulnerable individuals seek justice at the earliest opportunity without enduring the unpleasantness of a trial.”

Get in touch

If you would like to contest or defend a Will, the help of a specialist lawyer is vital as every case needs to be looked at on an individual basis. Time limits also apply.

For help and advice, please contact Wards Solicitors’ Contentious Trusts and Probate Team.

Our lawyers are members of the Association of Contentious Trusts and Probate Specialists (ACTAPS), the Society of Trust and Estate Practitioners (STEP), Solicitors for the Elderly (SFE) and the Law Society’s Probate Panel. All demand a high level of expertise and up to date knowledge from their members.

Wards Solicitors’ team is praised by the Legal 500 Guide for 2023 for its broad contentious trusts and probate practice with a particular emphasis on Inheritance Act and Court of Protection matters.

Head of the team, Elizabeth Fry, is highlighted as a key lawyer specialising in high value and multi-jurisdictional matters with four other members of the team also recommended.