The importance of keeping a Will up-to-date

The importance of updating a Will has been highlighted in a recent case where a businessman’s estate was challenged by his infant children.

The Court awarded Bianca Maria Corrado £386,000 of the late Malkiat Singh Ubbi’s £3.5million estate. She appeared in court on behalf of her children aged three and six months.

She had had a long term affair with Mr Ubbi who was in the process of getting a divorce from his wife in 2015 when he passed away unexpectedly.

In Court Mr Ubbi as described as ‘living a double life’ as he ran two households to a high standard.

Although he was the father of the two children, he had not made provision for them in his Will, which is why Ms Corrado brought a claim under the Inheritance (Provision for Family and Dependents) Act 1975.

His Will predated the children’s births as it was made in 2010 and had not been amended. Mr Ubbi had left his entire estate to his wife. However, in this case the Court said there was no evidence that he had intentionally excluded his children.

Under the Inheritance Act legal protection is available for spouses, children and other dependants where a person has died without leaving sufficient money for their continued wellbeing.

If a Will fails to make reasonable financial provision, then you may be able to make an Inheritance Act claim. In this situation the Court will take into account the applicant’s needs and resources and consider these against what would be reasonable for their maintenance.

If you would like to know if a dependent is entitled to inherit part of an estate please contact Caroline Wallis, the Head of the Wills and Probate team at Phillips by calling 01256 854637 or email caroline.wallis@phillips-law.co.uk