Spouse Awarded £8m Inheritance After £16m Claim

Katie de Swarte

Spouse’s £8m inheritance award significantly lower than amount claimed

High value inheritance claims against an estate can be particularly challenging when brought by a spouse. This is, in part, because the couple’s lifestyle and length of their marriage are important factors to consider.

A claimant has recently won nearly £8m from her late husband’s estate, but it was significantly less than what she had claimed on the basis of the couple’s extravagant spending (Thirsk v Thirsk [2026] EWHC 1501).

Who can bring an inheritance claim?

The deceased’s spouse or partner, children and anyone else who is a ‘dependent’ of the deceased is entitled to claim reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

A claim can be brought whether or not the individual has been provided for in the deceased’s will. Several factors are taken into account when determining ‘reasonable’ financial provision, including the needs of the claimant and other beneficiaries and the assets available for distribution.

What’s the background?

Henry Thirsk died in April 2022 in an accident leaving an estate valued at around £26m. Henry had married Sarah Thirsk a year earlier but they had lived together since around 2003. Mr Thirsk, a farmer, had a son (also called Henry) who was now running the farm.

Mr Thirsk executed a will in February 2022, weeks before his death and it was clear he wished to leave the bulk of his farming business to Henry. Under the will, Sarah was left a £5m tax free legacy, a life interest in the farm and several high value items.

Sarah brought a claim for reasonable financial provision under the 1975 Act, arguing that the 2022 will was merely a ‘stop-gap’ pending their agreement for a full post-nuptial agreement. However, the judge found no evidence that Mr Thirsk ever intended to make greater provision for Sarah than what he had set out in the will.

By the time of the trial, Sarah claimed a sum of around £16m on a capitalised needs basis – a reflection of the extravagant lifestyle the couple had enjoyed for years; and what she expected to enjoy for many more years.

Notional entitlement on divorce

The combined period of cohabitation and marriage lasted around 19 years and Sarah’s entitlement was calculated on that basis.

Against this background, her notional entitlement on divorce had to be assessed before considering whether other factors dictated a different outcome to her 1975 Act claim. This is known as the ‘divorce cross-check’. It meant assessing Sarah’s financial needs, and evaluating the sharing claim to which she would have been entitled on divorce.

The judge noted that caution is necessary when applying the divorce cross-check, as the deceased’s only statutory obligation is to make reasonable financial provision for his widow.

Once Sarah’s notional sharing entitlement on divorce had been assessed, the judge found that the amount she claimed far exceeded the likely financial award on divorce. An order of the magnitude she asked for was not required to provide her with reasonable financial provision in the circumstances.

Furthermore, an award at the level she sought would have had a significant impact on Henry’s ability to continue the farm. Even so, the provision in the will allowing Sarah to retain her home for life, but not if she subsequently cohabited, was “entirely unreasonable” – a point Henry recognised.

Sarah’s final award satisfying her claim for reasonable financial provision out of the estate amounted to nearly £8m (including £1.4m to meet her housing needs).

Key takeaway

This case is an unfortunate reminder that lives can be cut short unexpectedly, leaving grieving relatives to sort out financial matters and potential disputes.

It is fundamentally important that anyone making a will should ensure their surviving spouse or partner will be left with reasonable financial provision. The level at which such provision will be considered ‘reasonable’ should be assessed according to the level of the individual’s wealth and the lifestyle to which they are accustomed.

The length of the parties’ marriage and cohabitation will also be an important factor in determining what would be fair and reasonable.

An individual who feels unfairly treated under the terms of their late partner’s will may be able to claim reasonable financial provision. The most important step is to discuss your situation with expert contested wills solicitors to determine whether you can make a claim.

How we can help

If you believe you have not received reasonable financial provision from a loved one’s estate, our specialist solicitors can help. Osbornes Law has extensive experience in inheritance disputes and can provide expert legal advice. Please contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811