Aggrieved mistress takes grieving widow to Court after her lovechild was excluded from rich businessman’s Will

22 January, 2018

A recent newspaper’s report on an emotionally charged case where Ms Proles, on behalf of her four year old daughter, is seeking a share of the estate of Mr Kohli. It is claimed that Mr Kohli is the father of her daughter and, having met Ms Proles whilst living in England, then returned to India after being diagnosed with cancer. He died in India, aged 59, and left his estate of £2.5 million to his wife, Mrs Kohli.

Whilst the case is in progress and we will have to wait for the judgment to know the full facts, the outcome and the reasons for this, the legal principles of the case that the Court will have to consider will be of wider interest.

Under English law, unlike in many other countries, there is no obligation on parents to leave any part of their assets to their children. However, where a person dies ‘domiciled’ in England and

Wales, their children can seek a share or a larger share of their estate under the Inheritance (Provision for Family and Dependants) Act 1975.

Domicile is a legal term referring to which legal system applies to an individual. In this case, Ms Proles claims it is England and Wales, claiming that he had substantial ties there including properties and business assets. Mrs Kohli’s legal team argue that his domicile remained that of India, where he returned to die.

If the Court accept Ms Proles’ case on domicile, it will then have to consider what if any share of Mr Kohli’s estate should be provided for her daughter’s maintenance. As with any such case, the Court will consider her needs and resources, as well as those of the widow, the size of the estate and any other relevant factors.

If you  have any queries in respect of the above please contact Philip Youdan at philip.youdan@crippspg.co.uk or by phone on: 01732 224 013.