We have particular expertise at Allan Janes in estate litigation of all varieties. By far the most common claims though occur under the Inheritance (Provision for Family & Dependants) Act 1975 when (usually) a spouse or child has been left out of the Will, or have otherwise not received reasonable provision from the estate. Such parties have a statutorily enshrined right to claim reasonable provision from the estate, taking into account a variety of financial and other matters. Spouses in particular enjoy a higher standard of reasonable provision from estates, and solicitors are well aware that spouses are cut out of Wills at your peril.

A recent case at the High Court was as close to ‘open and shut’ as a lawyer might ever dare to suggest. A widow, who contributed significantly over her husband’s lifetime to the growth of his business and estate, and was active and central in their family life, was left entirely out of his Will. The deceased, Karnail Singh, in this case had wanted to leave his entire estate to his sons.

The comments of the Judge in summing up are quite telling:

“The reason why the will was crafted in these terms, excluding the claimant and the other four siblings, was because the deceased wished to leave his estate solely down the male line…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.”

It is not clear yet if Mr Singh had taken professional advice before preparing his Will. As my earlier blog here makes clear, professional advice is essential if you are considering cutting a spouse (or child) out of the Will. There might also be legitimate reasons why you might wish to leave your estate to male heirs, or certain children. This is fairly common amongst farmers and the aristocracy who might be concerned with keeping family estates together over the course of multiple generations.  In these circumstances, solicitors can advise on the other types of provision that you might consider to mitigate the risk of claims (life insurance policies, trust structures etc).

It is also common amongst people who have children from previous relationships. It is perfectly possible to provide for a later spouse by way of trust in your Will, whilst protecting the capital for the future benefit of your children.

For more on this topic, please see:

• My earlier blog that covered the warning signs you might spot during your lifetime that could cause your estate to be disputed

• Our article concerning the process to follow if you are a potential claimant against an estate