A Spouse/ Widow Who Has Been Left Out of Her Deceased Husband Will Wins Half of £1m Estate

A widow whose husband of 66 years excluded her and their four daughters from his will, and left everything to their two sons, has won a high court case for a share of an estate worth more than £1m.*

The case was heard in the family division of the high court in London and was concluded this month.

The judge heard that the deceased, who died in 2021, “wished to leave his estate solely down the male line” after writing his will in 2005. He heard that the widow, who married Singh in 1955, estimated the estate to be worth £1.9m gross but one of her sons put the value at £1.2m.

The judge, who heard the family had run a clothing business, ruled the widow, 83, should get 50% of the net value of the estate. He said it was clear “reasonable provision” had not been made for the spouse, whose income consisted of state benefits of about £12,000.

He added: “It seems to me that this is the clearest possible case entitling me to conclude that reasonable provision has not been made for the claimant.

There are a number of ways a will can be challenged. In this case the legal way is The Inheritance Act 1975.

What is the Inheritance Act 1975?

The Inheritance Act 1975 allows for certain people to claim reasonable financial provision from an estate if the Testator did not do so under their Will. For example, this widow has been left out of her deceased husband will. Therefore, she was able to claim under the Inheritance Act 1975.

Aside from the spouse of the deceased, the following people are able to bring an Inheritance Act 1975 claim:

• The spouse or civil partner of the deceased.
• The former spouse or civil partner of the deceased, provided they have not remarried or engaged in a new civil partnership (however, the terms of a divorce often bar an ex-spouse from making a claim).
• Anyone who, for the two years before the death, was in a cohabiting relationship with the deceased.
• Anyone who was not the child of the deceased but as a result of a marriage (in which the deceased participated), the former was treated as a child of the family by the deceased, i.e a step-child.
• Anyone who does not fall in the above categories but was being maintained by the deceased (partly or wholly) immediately before the deceased died.

All claims under the Inheritance Act 1975 must be made within six months of the issue of the Grant of Probate although the Court does have the discretion to extend this time limit, in specific circumstances.

People cannot simply be cut out of wills, especially spouses which have contributed for a significant number of years.

Our team has decades of combined experience in successfully advising and representing clients who are challenging a Will or making a claim under the Inheritance Act 1975.

We are sympathetic, understanding, and are here to help you every step of the way.
Call us on 01625 667 275 or email probate@njslaw.co.uk today to discuss your matter.

*Source: The Guardian