header-logo header-logo

Record claim on husband's estate

24 January 2020
Issue: 7871 / Categories: Legal News , Wills & Probate
printer mail-detail
The High Court has upheld a widow’s right to bring a claim against her husband’s estate more than 26 years after grant of probate

The High Court has upheld a widow’s right to bring a claim against her husband’s estate more than 26 years after grant of probate

The judgment, handed down this week, Thakare v Bhusate [2020] EWHC 52 (Ch), sets a new landmark in the length of time Inheritance (Provision for Family and Dependants) Act 1975 claims can be brought after death. The previous record of six years was set in Stock v Brown [1994] 1 FLR 840. Normally, claims for reasonable financial provision must be brought within six months of the grant of probate.

Mr and Mrs Bhusate married in India in 1979 when he was 61, twice previously married with five children, and she was 28 and spoke little English. They lived in London and had one child before he died intestate in 1990. The matrimonial home failed to sell, and Mrs Bhusate continues to live there with her son.

Chief Master Marsh granted Mrs Bhusate permission to bring a claim out of time (nearly 25 years after grant of probate), partly on the basis her acrimonious relationship with her stepchildren had obstructed the sale of the house.

The stepchildren appealed, arguing reasonable financial provision had already been made for Mrs Bhusate at the time of Mr Bhusate’s death, and it was her own ‘fault’ that she lost this entitlement. Dismissing the appeal, however, Mr Edwin Johnson QC concluded it was inappropriate to interfere with the Chief Master’s decision. Moreover, he said the ‘administration of the estate was left in limbo’ due to the stepchildren’s lack of co-operation.

Paul Hewitt, partner at Withers, who acted for Mrs Bhusate, said: ‘Despite the eye-catching amount of time which has elapsed since her husband's death, the facts in Mrs Bhusate's case are very specific.’

Issue: 7871 / Categories: Legal News , Wills & Probate
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll