If a loved one has recently passed away and you have not been included in a Will, you may be feeling confused, angry and stressed about your future.
In a recent case, a widow won half of a £1 million estate
Kaur’s husband had initially stated in his Will that he wanted his estate to be inherited by the male line only.
The Inheritance Act 1975 states that spouses must be left with reasonable provision should their partner die.
The deceased wrote his Will in 2005 and had not updated it since.
The judge heard that the family ran a clothing line which both spouses had worked for and contributed towards. Kaur was left with an income of £12,000 from state benefits.
Throughout the case, it was demonstrated that Kaur played a ‘full role’ in both the business and family and thus should be eligible to inherit a proportion of the estate.
The judge ruled that Kaur was entitled to provision and decided that the exact value of the estate, which was disputed but was between £1.2 million and £1.9 million, did not need to be determined immediately. This was because Kaur had immediate needs and was aged 83.
The judge reached his conclusion by considering a range of factors including what Kaur would have been left with if the marriage had ended due to divorce rather than death. A surviving spouse should not be worse off as a widow than as a hypothetical divorcee.
As a result, the court ruled that Kaur should inherit 50 per cent of the net value of the estate which means she inherits between approximately £600,000 and £850,000.
What to do if you think you are entitled to part of an estate
If you think you are entitled to part of an estate you should seek professional guidance.
You may be concerned that the deceased’s Will was not updated in recent years before their death and thus does not reflect their accurate wishes or, if you are a close family member or dependent, you may feel that you have not been left with ‘reasonable provision’.
To find out if you are eligible for part of an estate or for advice on Wills, contact us today.