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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll