The High Court in England & Wales has recently awarded an 83-year-old widow a 50% share in her deceased husband’s estate after he died leaving a Will in which he had left her nothing.

Harbans Kaur had been married to her husband Karnail Singh for 66 years and they had 7 children together.  Mr Singh had in his Will left his Estate, estimated to be worth around £1.9 million to his two sons, with nothing left to his widow or daughters.  His reasoning was his desire for his fortune to travel down the male line of his family.

After Mr Singh died leaving no provision for his wife, Mrs Kaur sought legal advice and was able to bring a claim against her husband’s estate on the basis that adequate provision had not been made for her by him.

In his judgment, Mr Justice Peel noted that;

“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. It is hard to see how any other conclusion can be reached. After a marriage of 66 years, to which she made a full and equal contribution, and during which all the assets accrued, she is left with next to nothing.”

Our law places a heavy emphasis on ‘testamentary freedom’, which is the right for people to leave their estate to whoever they like. While it is important that we get to choose what happens to our property after our death, it can be devastating for family members who relied financially on a deceased relative when sufficient provision is not made for them.

What can I do if I have been left out of a Will?

In Northern Ireland, legislation known as the Inheritance (Provision for Family and Dependants) (NI) Order 1979 allows specific categories of people to place a claim against an estate on the basis that ‘reasonable financial provision’ was not made for them in the hope that they will be awarded a fair share. Some of the categories who may be able to make a claim under this Order are as follows:-

1.       spouses
2.       children,
3.       cohabitees,
4.       someone receiving significant financial support by the deceased in the time immediately before their death.

Mrs Kaur’s success in this case shows that being cut out of a Will does not need to be the end of the story. For spouses, dependent children and even adult children who have relied financially on their parents, it may be possible to make a challenge which results in more reasonable financial provision being made to someone who has been unfairly excluded.

This judgment also highlights the importance of taking legal advice if you are considering excluding a dependant or family member from your Will. In this case, it was clear to the Court that a spouse of 66 years should have received a portion of her deceased husband’s estate. However, not every case is so clear and many issues can arise in these kinds of claims. If you are considering leaving a family member out of a Will, you should take advice as to any steps, if any, available to you to protect your estate from a disgruntled dependant or family member following your death.

For advice and assistance regarding Wills & Estate, contact Chloe Emerson by email on cemerson@fhanna.co.uk or by phone on 028 9024 3901.