Male Heirs, Beliefs And Culture vs UK Law

• Published date: 04 April 2023
• Subject Matter: Family and Matrimonial, Wills/ Intestacy/ Estate Planning
• Law Firm: Herrington Carmichael
• Author: Ms Annabelle Randell
• topic: Family Law,Civil Procedure,Wills, Trusts and Estates

The rich tapestry of different cultural and ethnic backgrounds present in the United Kingdom can on occasions lead to a clash between the application of the laws of the land and an individual's deeply held beliefs and cultural values.

One such culturally significant issue has recently played out in the courts in two recent cases: the issue of disinheriting family members because of their sex.

Kaur v Singh

In the recent case of Kaur v The estate of Kamil Singh & Ors [2023] EWHC 304 (Fam) an 83 year-old widow (Mrs Kaur) brought a successful claim against her late husband's estate, which was valued at over '1million. Mrs Kaur, at the age of 83, and having been married to the deceased for 63 years before his death discovered after his death that she has not been included as a beneficiary to his estate. Similarly, their five daughters had not been included in Mr Singh's will either. It transpired that only his two sons had been bequeathed Mr Singh's '1million+ estate, with no provision having been made whatsoever for the female members of Mr Singh's family. Mrs Kaur brought a claim against the estate for a reasonable financial provision...