Ubbi V Ubbi - The importance of keeping your will up to date

In August 2018 an inheritance case made the headlines when a man’s £3.5m estate was brought into question after his death. The case highlighted the importance of updating your will after important life events.

Life is full of twists and turns and tomorrow is not guaranteed, but in our busy modern lives, in between the school run and working 9-5 it is easy to forget. Unfortunately, it’s not until something serious happens we stop and think.

At the time of his death Mr Ubbi was going through a divorce, from his wife Susan who he married in 1987, after starting a long-term affair with Bianca Corrado in 2007.

Susan had a daughter from a previous relationship and the couple had a son. Both children were considered by Mr Ubbi as his own and were provided for in his will written in 2010. During his affair Mr Malkiat Ubbi fathered two children. Malkait left Susan and moved in with Bianca, shortly after the birth of their second child.

However, Malkiat had not updated his will to reflect these life changes. At the time of his unexpected death in 2015 Mr Ubbi was still married, leaving his estate to his wife Susan. His children with Bianca were not mentioned leaving them with no provisions.

This left Bianca with the prospect of raising their children aged three and six months with limited finances, despite Malkiat’s wealth.  Bianca’s children Mattia and Gabrielle made a claim against Malkait’s estate under the 1975 Inheritance Act. Bianca appeared as a litigation friend on behalf of their children, who were named in the judgement.

The act allows children to bring a claim against a deceased’s estate if they have not received reasonable financial provision from the deceased’s estate.

Therefore, the judge Master Karen Shuman was able to consider how much it would cost to raise and house their two children, whilst taking into consideration Bianca’s financial resources. Considering child care and Bianca’s contribution (65%), it was decided that the children should receive £386,290.60 between them.

All this could have been avoided if Malkait had made an updated will when his life changed.

If you would like to know more information making a will please contact Serena on 01473 229870 or email: serena.ely@attwells.com.