In a significant legal victory, the High Court has awarded Harbans Kaur, an 83-year-old woman who had been married for 66 years, half of her late husband's estate, which is estimated to be worth N1 billion naira. The estate had been entirely bequeathed to their two sons, excluding Kaur and their four daughters.
The case arose following the death of Karnail Singh in 2021, bringing attention to his explicit intention to pass on his wealth solely to his male descendants. The judgment, delivered by Justice Peel, underscored the importance of fair and equal provision for spouses, cautioning against the exclusion of spouses from wills.
Singh's estate, valued at over £1 million, encompassed a thriving clothing business and multiple properties. However, the will he had written in 2005 completely disregarded Kaur and their daughters' inheritance rights, aligning with his preference for male lineage succession.
Challenging the validity of the will, Kaur argued that she deserved a fair share of the assets due to her substantial contributions to both the marriage and the family business. Justice Peel upheld Kaur's claim and ruled that she should receive 50% of the net value of the estate.
The judge highlighted Singh's failure to make reasonable provisions for his wife, who had played an equal and active role in their enduring marriage and the family business. Justice Peel stated, "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."
This verdict was widely appreciated, with Heledd Wyn, a partner at the law firm Shakespeare Martineau, commending the court's decision as a strong message to individuals attempting to exclude their spouses from wills. Wyn emphasized that this ruling establishes the principle that individuals, especially spouses who have made significant contributions to the marriage and family over many years, cannot be easily disinherited or left without a fair share.