The Importance of keeping your Will up to date cannot be underestimated as demonstrated in the recent decision of Ubbi & Anori v Ubbi 2018.
Mr Malkiat Ubbi was married to Mrs Susan Ubbi. In 1994, they had a child who had various disabilities. Mr Ubbi made a Will in 2010 in which he left everything to his wife Susan.
However, Mr Ubbi had met Bianca Corrado in 2007 when they began an affair and they had two children together in 2012 and 2014 (after he had made his Will).
Mr Ubbi unexpectedly died in February 2015. The value of his estate was approximately £3.5million. Although at the time of his death, Mr Ubbi was in the process of getting divorced from his wife, this had not been finalised and neither had he updated his Will to make provision for any of his children.
Bianca Corrado made a claim against the estate under the provisions of the Inheritance (Provision for Family and Dependants) Act 1975 on behalf of her two minor children.
It was accepted by Susan Ubbi that Ms Corrado’s children should receive reasonable financial provision from his estate. The question was ‘what is reasonable?’
Ms Corrado recovered the sum of £386,000 as being a reasonable amount.
This case highlights that it is essential to keep your Will arrangements up to date, particularly if you are proceeding through a divorce or if there are any other complicating factors, to prevent any costly mistakes and to ensure that you provide for the people you wish to provide for and in the manner in which you want to provide for them without the need to resort to litigation.
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