Contentious probate: widow wins High Court case for a share of £1m-plus estate

In the case of Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam), Mr Justice Peel heard Karnail Singh left everything to his two sons and nothing to widow Harbans Kaur, his wife of 66 years, or his four daughters.

Reasonable provision

The case was based on a Part 8 claim under the Inheritance Act 1975 dated 7 July 2022. Mrs Kaur sought reasonable financial provision from her deceased husband, who died on 21 August 2021. Her claim was brought under s1(1)(a) of the Act as "the spouse or former spouse of the deceased".

Justice Peel was told Mr Singh, who died in 2021, wished to leave his estate solely down the male line and made no reasonable provision for Mrs Kaur. Following the death of her husband, Mrs Kaur was forced to leave the marital home, and her income only consisted of state benefits of about £12,000.

Weighing up all the factors, Justice Peel was satisfied that the deceased's estate did not make reasonable financial provision for Mrs Kaur.

He said: "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."

Justice Peel ruled she should get 50 per cent of the net value of Mr Singh's estate in a landmark case that could open the door for others in a similar position.

The court also judged that legal costs should be paid out of the estate and deducted from the estate's gross value before the equal division.

Further reading: Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam)

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