The High Court has ruled in favour of a former spouse in Kars v Brown & Others (2026), confirming that a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 can succeed even where the claimant is excluded by the rules of intestacy.
We acted for Ms Hulya Kars in this successful Inheritance Act claim, heard in the Family Division of the High Court in January 2026, following the death of her former husband, who died without leaving a will.
Case overview
A central issue in the case was the ownership of property on intestacy. The court found that the disputed property was held 50% by Ms Kars and 50% by the estate, reflecting the parties’ shared intentions at the time of purchase.
When assessing whether the estate had made reasonable financial provision for a former spouse, the court considered Ms Kars’ limited income, lack of savings, existing debts, and her role as the primary carer for a child with special needs. The court concluded that the intestacy position, which left her with no entitlement, was not reasonable in the circumstances.
The court ordered that the estate’s 50% share of the property be transferred to Ms Kars, making her the sole owner. No further financial award was made.
This decision highlights the court’s approach to Inheritance Act claims by former spouses, particularly where divorce finances remain unresolved and a death occurs without a will.
How we can help
We specialise in Inheritance Act claims, intestacy disputes, including claims by former spouses against estates. We regularly advise clients where a death has occurred without a will or where financial provision has not been adequately made.
If you are facing an estate dispute or believe you have been left without reasonable financial provision, our team can provide clear, practical advice tailored to your circumstances.
