A vulnerable widow who was excluded from her husband’s Will has been granted financial provisions by the High Court, receiving a share of his estate worth over £1 million.
Karnail Singh left his entire estate to his two sons, excluding his widow, Mrs. Harbans Kaur, and his four daughters, intending to pass his estate only to the male heirs.
The judge determined that reasonable provision had not been made for Mrs. Kaur, and she should receive 50 per cent of the net estate value, estimated to be worth between £1.2 million and £1.9 million gross.
The couple had been married for 66 years, with seven children, and Mrs. Kaur played an active role in their marriage and family clothing business. However, her husband’s Will left her with no provisions, and her income consisted of state benefits totalling around £12,000.
Mr. Justice Peel’s summary judgment in this case is believed to set a new precedent, potentially paving the way for similar claims from those who have been disinherited.
If a Will is contested, the case will be heard in a probate court, which specializes in handling legal disputes related to Wills, estates, and trusts.
The court will first consider the Will’s validity, and if deemed invalid, the estate will be distributed according to the rules of intestacy. If the Will is found to be valid, the court will then examine the specific grounds on which it is being contested, including:
For more information about challenging a Will or implementing measures to minimize the risk of your Will being contested in the future, please contact our expert team.
