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The Scale of the Housing Disrepair Problem
A widow whose husband of 66 years excluded her and their four daughters from his Will, leaving his entire estate to their two sons, has successfully won a High Court claim for a substantial share of an estate valued at more than £1 million.
The case was heard in the Family Division of the High Court in London and concluded earlier this month.
Background to the Case
During proceedings, the court heard that the deceased, who died in 2021, drafted his Will in 2005 with the intention of leaving his estate “solely down the male line.” Despite being married since 1955, he made no financial provision for his wife or daughters.
While the widow estimated the estate’s gross value at approximately £1.9 million, one of her sons placed its value closer to £1.2 million. Regardless of the precise figure, the estate was substantial.
The judge also noted that the family had previously operated a successful clothing business, further highlighting the financial imbalance created by the Will.
The Court’s Decision
Ultimately, the judge ruled that the widow, now aged 83, should receive 50% of the net value of the estate.
In reaching this conclusion, the court found that the widow’s income consisted primarily of state benefits totalling around £12,000 per year. As a result, the judge determined that the Will failed to make reasonable financial provision for her.
He stated:
How Was the Will Challenged?
There are several legal routes available to challenge a Will. In this case, the widow relied on the Inheritance (Provision for Family and Dependants) Act 1975.
This legislation exists to protect individuals who have been unfairly excluded from an estate or left without reasonable financial provision.
What Is the Inheritance Act 1975?
The Inheritance Act 1975 allows eligible individuals to claim reasonable financial provision from an estate where the Testator failed to provide adequately under their Will.
In this case, the widow was entirely excluded from her husband’s Will. Consequently, she fell squarely within the category of claimants protected by the Act and was entitled to pursue a claim.
Who Can Make a Claim Under the Inheritance Act?
In addition to spouses, the following individuals may bring a claim under the Inheritance Act 1975:
- A spouse or civil partner of the deceased
- A former spouse or civil partner, provided they have not remarried or entered a new civil partnership (although divorce settlements often prevent claims)
- A person who lived with the deceased in a cohabiting relationship for at least two years before death
- A step-child or person treated as a child of the family
- Any individual who was financially maintained by the deceased immediately before their death
Strict Time Limits Apply
Importantly, claimants must usually bring an Inheritance Act claim within six months of the Grant of Probate being issued.
Although the court does retain discretion to allow claims outside this period, such extensions are rare. Therefore, anyone considering a claim should seek legal advice as early as possible.
Key Takeaway: Spouses Cannot Simply Be Disinherited
This case clearly demonstrates that individuals, particularly long-term spouses who have contributed over many years, cannot simply be written out of a Will without consequence.
Where a Will fails to make reasonable financial provision, the courts are prepared to intervene and correct the imbalance.
How We Can Help
Our team has decades of combined experience advising and representing clients who are challenging a Will or making a claim under the Inheritance Act 1975.
We provide clear, practical advice and approach every case with sensitivity, professionalism, and determination.
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