Lawyer calls for change to female inheritance traditions

Lawyer Jessika Bhatti said she had been "inundated" with cases of women being left out of wills

A lawyer says she hopes for a change in attitude towards inheritance among British Asians after winning a case in which a widow secured half her late husband's fortune.

Jessika Bhatti represented Harbans Kaur, 83, at the High Court last week.

Mrs Kaur was awarded the funds despite her husband leaving his wealth to his sons.

Ms Bhatti said she now wished to see cultural change that would spare others the fight faced by her client.

Calling for a shift in "traditional mentality", she said that since her court victory she had been contacted by many women with similar stories.

Ms Bhatti, who has Indian heritage, said she believed the practice of making male heirs sole beneficiaries was more commonly seen in older generations of British Asians, and while it was becoming less prevalent in younger ones, it still needed to be challenged.

She said "I am now beginning to understand that it may be a common practice", adding that families justified it through thinking married women were "the responsibility of the husband's family and the sons will look after the mother".

The High Court heard how Karnail Singh from the West Midlands left his estate, believed to be worth between £1.2m and £1.9m, to his two sons and nothing to his widow - his wife of 66 years - or his four daughters.

But after representation by Ms Bhatti, the judge, Mr Justice Peel, found that it was clear that "reasonable provision" had not been made for the widow, with the court ruling she should get 50% of the estate's net value.

'Inundated'

Ms Bhatti says she has been "inundated with individuals and families seeking help in almost identical circumstances", with one woman telling her of the negative effect it has had on her mental health.

The lawyer said she believed there were "many more" women in such situations, although with smaller sums of money involved.

Ms Bhatti explained that Mrs Kaur's case had been of special significance because the court had ruled in her favour without the need for a lengthy or "unpleasant" trial, which could have taken years to come to court.

She said she hoped the outcome would send a message that women should not be excluded from wills and that men would "think twice in future".

Ms Bhatti also hoped, she said, the case would cause will-writers to take note and advise their clients against cutting out women.

She advised others facing the issue to discuss the situation with family first, but to seek legal advice if they cannot resolve the matter, urging them "don't let it pass".