In 2010, businessman Mr Ubbi he made a standard Will leaving everything to his wife and, if she predeceased him, to their adult son. The marriage subsequently broke down as Mr Ubbi had an affair. By 2014 Mr Ubbi had a new partner and they had two children together.
In 2015, Mr Ubbi died suddenly of septicaemia, at the age of 53. He was in the process of getting divorced, but had not updated his Will to reflect his new family situation. His children from his second relationship therefore received nothing from his estate. They were both under the age of 3 at the time. Their mother, Mr Ubbi’s partner, made a claim for maintenance on behalf of the children under the Inheritance (Provision for Family and Dependants) Act 1975.
Given that Mr Ubbi was a family orientated man, the judge ruled that he would have wanted to make provision for his two infant children, but only awarded them a meagre lump sum of £386,000 for their maintenance until they reach 18.
Mr Ubbi may have wanted to leave much more of his estate to his young children and even his new partner, but his failure to amend his Will ultimately means they were not provided for.
This case highlights how important it is to update your Will when your personal or financial circumstances change. The time it takes to do so can avoid uncertainty and heartache for your family in the future as it makes your wishes clear.
If you would like to make a new Will or update an existing Will, please do not hesitate to contact our probate department. Don’t forget, we have offices in Beverley, Bridlington, Driffield and Hull.