Mr Singh left everything to his two sons because he wished to leave his reported £1.9 million estate solely to the male line of his family.
His 83 year old widow, Mrs Kaur, claimed half of his estate after a 66 year old marriage in which the couple had 7 children but who was left without any provision in Mr Singh’s will.
Mr Justice Peel found in favour of Mrs Kaur as Mr Singh had not made “reasonable provision” under the Inheritance (Provision for Family and Dependents) Act 1975 (“the Act”) in his will for Mrs Kaur whose only income consisted of state benefits of around £12,000 per annum.
It is not unusual for only male heirs to be provided for in a will. Wives and daughters are seemingly to be looked after but are often left without legal provision. This case makes it very clear that by cutting out dependents from a will future claims may arise. In these cases, the claim would be for what might reasonably be expected to be received by a family member or dependent.
Sections 1 – 3 of the Act set out several factors that the court must consider when making their decision regarding such claims and these include:
• The financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;
• Any physical or mental disability of any applicant or any beneficiary of the estate of the deceased;
• The size and nature of the deceased’s net estate;
• The age of the applicant and the duration of the marriage or civil partnership;
• The contribution made by the applicant to the welfare of the family of the deceased, including any contribution made by looking after the home or caring for the family.
This ruling is likely to result in further Inheritance Act claims by wives and daughters who may have been excluded in similar circumstances.
Any wills where family members are excluded without good cause and following legal advice, may require amendment or the setting up of bespoke trusts.
For further advice regarding Inheritance Act claims and disputed wills, please do not hesitate to contact David.Roper@lawcomm.co.uk or 01489 864 100.
