Making an inheritance act claim: the recent case of Kaur v Estate of Karnail Singh & Ors

There’s a very old joke that holds. Where there’s a Will, there’s a relative. However, the reverse is also true, i.e., where there’s a relative, there may be no Will. Or, rather, there is a Will but one which makes no provision for said relative.

For many centuries, the matter of Wills and estates were largely dictated by common law, under which it was generally assumed that a person of sound mind was free to distribute their estate as they saw fit. If someone did not want to leave any provision for their surviving spouse, so be it. If someone wanted to cut one of their children, or even all of their children, out of their Will, then so be it.

While there remains a general assumption that a testator may bequeath their estate as they wish, the situation has changed somewhat.

Making a claim against the estate of a deceased person

Under the Inheritance (Provision for Family and Dependents) Act 1975 (“Inheritance Act”) it is now possible to challenge a Will and make a claim against the deceased’s estate in circumstances where the deceased left no provision for them in the Will. However, only people who fall under one of the following categories can so claim:

• the spouse or civil partner of the deceased
• the former spouse or civil partner of the deceased (as long as that person has not remarried/entered into a subsequent civil partnership)
• a person who, for the two years before the death, was living with the deceased as if they were a spouse or civil partner
• a child of the deceased
• a person who was treated as a child of the family by the deceased
• any other person who was being maintained, wholly or partly, by the deceased immediately before their death.

In assessing the claim, the court will consider issues such as the financial resources and needs of the applicant now and in the future, any physical or mental disabilities from which the claimant suffers, any obligations and responsibilities which the deceased had towards any applicant, and the size and nature of the estate.

If the claim succeeds, then the court may award them as the court thinks fit, and the estate must pay accordingly. It must be noted, though, that Inheritance Act claims are not easy. Courts will only overturn a testator’s wishes with reluctance and they have made it abundantly clear that the Inheritance Act 1975 is not merely a vehicle for disgruntled relatives who feel that they did not get a big enough piece of the pie.

It is also possible for someone to make an Inheritance Act claim where there is an intestacy and the same rules and principles apply.

READ MORE: Defending and Inheritance Act Claim: what you need to know

The Kaur case

Mr. Karnail Singh and his wife had been married for 66 years before he passed away in 2021. During that time, they had six children, four daughters and two sons. By his Will, the late Mr. Singh left his entire estate, valued at slightly under £2 million, to his two sons. He made no provision whatsoever for any of his daughters and, somewhat strangely it would seem, no provision at all for his surviving wife. It seems that the late Mr. Singh wanted to leave his estate only to his male heirs.

It is a mark of rare such cases that the matter was picked up and covered in the national press both in the UK and in India.

Mrs. Kaur made an application under the Inheritance Act, claiming 50% of the estate. The application was opposed by one of her sons. At the time of the application, Mrs. Kaur was 83 years old and suffering from various chronic health conditions. Her only source of income was from state benefits and she had been forced to move out of the family home and in with one of her daughters.

The court found in favour of Mrs. Kaur and awarded her the 50% of the estate that she had claimed. The court felt that this was a compelling case, given that Mrs. Kaur had contributed fully to the marriage for 66 years only to be left with nothing to show for it. The Court concluded that this was "the clearest possible case" in which an Order should be made under the Inheritance Act.

Testators beware!

The Kaur case has clearly established that cutting family out of a Will or leaving nothing to a spouse, has become extremely difficult to do and is more likely to give rise to an Inheritance Act claim. This is something that everyone making or updating a Will needs to be aware of. It is a principle which could, at least in theory, be extended to other Inheritance Act class members.

If you intend to make a Will or update an existing Will and you feel that you wish to exclude someone who would not normally be excluded, then it is essential that you discuss this and the reasons with an experienced Wills and probate lawyer.

For further information and trusted legal advice regarding matters of Wills and Contentious Probate, get in touch with our lawyers in London at Carlsons Solicitors.