Estate challenged by illegitimate children not provided for in a Will

Estate challenged by illegitimate children not provided for in a Will

A case which may well be used as a benchmark for other potential Inheritance Act claims has seen a businessman’s estate worth some three and a half million being challenged by his illegitimate infant children.

This case is a very good argument in making sure your Will, or that of loved ones, is up to date and reflects recent changes in circumstance.

The case is somewhat complicated in detail, but a basic summary is this.

The estate is that of Malkiat Singh Ubbi. The claim was for reasonable financial provision out of his estate by his illegimate infant children Mattia Corrado Ubbi and Gabriele Corrado Ubbi, brought by their mother, Bianca Maria Corrado, with whom the deceased had had a long standing affair and with whom he had been living for just over a year before his death. It is for an order under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975.

The claim was brought against Susan Elizabeth Ubbi, Malkiat’s ex-wife (Decree nisi was less than two weeks before the death of the deceased), as personal representative and beneficiary under the Will. No provision had been made for Bianca’s two children in Malkiat’s will, which was dated 6 August 2010 and which pre-dated their birth. Susan and the deceased had had a child together, Jarnail, in 1994, though had only married in 2000.

The Judge’s final conclusion was “In accordance with my findings above the lump sum due to be paid by the estate for Mattia and Gabriele’s reasonable financial provision… is £386,290.60.”

For the full details, see http://www.bailii.org/ew/cases/EWHC/Ch/2018/1396.html