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5 Key Lessons for Will drafting and Family Law – Re Singh Case

Added by Berlad Graham
 - 
March 1, 2023

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A recent case in the UK courts has sparked a discussion on inheritance and family law.

In the case of Re Singh (Deceased), a widow was left with nothing under the will of her husband, despite being married for 66 years (!). The estate was worth £1.9m and was bequeathed to their two sons. However, in an uncontested claim, the judge awarded the wife 50% of the net value of the estate.

Points to note:

  1. Spouses, even if excluded from a will, can still claim a share of an estate, if reasonable provision has not been made for them.
  2. Failing to have a clear and comprehensive estate planning in place, can result in costly legal battles, when family members are excluded from the will.
  3. Evidence of a spouse’s contribution to the marriage and family business can be taken into account in inheritance disputes.
  4. The ruling could serve as a warning to those who try to cut family members out of their wills, particularly when they have contributed to the family’s wealth and assets.
  5. The ruling reinforces the principle of fairness in inheritance law.

 

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