By Henry Joseph 
Hendry v Hendry is a real-life story about a woman named Rosita Hendry, who went to court after her husband passed away. She thought she should get some money from his estate, but his will did not leave her anything. Even though she was his wife, the will gave everything to his children. Hendry v Hendry became an important case because it showed how courts handle late claims under a law called the Inheritance Act 1975. In simple words, this law helps people who feel they were unfairly left out of a will. In Hendry v Hendry, the court looked at many things, like how fast the wife acted, what her lawyers did or didn’t do, and if the delay hurt the other family members. The judge had to decide if Rosita could still make her claim even though the deadline had passed. This case teaches us why acting quickly and getting good advice really matters when it comes to wills.
Hendry v Hendry isn’t just about court rules. It’s about what happens when a wife feels left out after her husband dies and how the law can sometimes help — but not always. Rosita was married to her husband for many years, but they had a prenuptial agreement. That means they agreed before the wedding what she would get if the marriage didn’t last. Later, when they separated and he died, she wanted more from his estate. But her lawyers were too slow to act, and she missed a very strict deadline. The court looked at whether the delay was fair or not. Even though her claim may have had a chance, the judge said no because her legal team didn’t do what they should have done. In the end, Rosita couldn’t get any money from the estate. Hendry v Hendry shows that if you wait too long or rely on bad legal help, you might lose your chance — even if you’re the wife or husband. This is a warning to act fast and get help from someone who really knows the law.
Hendry v Hendry is about a woman named Rosita who was married to a man named Michael. They got married in 2003 and had a big age difference. Michael already had grown-up kids. Before they married, Rosita signed a prenuptial agreement. Years later, they separated, and Michael passed away before the divorce was final. In his will, he left everything to his children and nothing to Rosita. She felt this was unfair and wanted to make a legal claim for a share of his estate. But her lawyers waited too long to do this. When they finally went to court, the judge had to decide if she could still make her claim. This case became known as Hendry v Hendry and teaches us a lot about how courts treat late claims and why timing is very important.
In Hendry v Hendry, Rosita was the wife of the man who passed away, but his will did not give her anything. This happened for a few reasons. First, they had a prenuptial agreement that said if they ever split up, Rosita would only get a small amount of money and a plane ticket home. Second, they had already separated by the time he died, and maybe he thought they were no longer truly together. In his new will, Michael gave everything to his children. He didn’t include Rosita at all. This shows that when someone writes a will, they can choose who gets what. But if that choice feels unfair to a close family member like a wife, that person can sometimes ask the court for help — but only if they follow the rules and act on time.
One of the biggest problems in Hendry v Hendry was that Rosita’s claim came too late. There is a rule in the Inheritance Act 1975 that says you must make your claim within six months of probate being granted. Probate is when the court says the will is legal and the estate can be handled. Rosita’s lawyers missed this deadline. The court asked for a good reason for the delay, but her team didn’t explain it well. The court also said that just because her case might be strong doesn’t mean the rules can be ignored. The judge was strict and said the deadline is a very important part of the law. Because her lawyers didn’t act fast enough, the court refused to let the case continue. So, timing is very important if you want to make a claim after someone dies.
The Inheritance Act 1975 helps people who feel a will did not give them enough, like a husband, wife, child, or someone who depended on the person who died. In Hendry v Hendry, Rosita used this law to try to get a fair share of her husband’s estate. But to use this law, you must act quickly. The court gives you only six months after the will is made official (probate). The court in this case reminded everyone that this six-month rule is not just a small thing — it is very serious. If you miss it, you need a really good reason. Rosita didn’t have one, so the judge said she couldn’t use the law. This shows that the law is there to help, but you have to follow all the steps, or the court may not listen.
The story of Hendry v Hendry teaches us some important lessons. First, if you think a will is unfair, you must act fast. Don’t wait. Second, always talk to a good lawyer who understands these laws. Rosita’s lawyers didn’t act in time, and it hurt her case. Third, just being the husband or wife doesn’t always mean you will get something from the will — especially if there is a prenuptial agreement. Lastly, even if your claim is fair, the court will not help you if you don’t follow the time rules. This case shows how easy it is to lose your chance, even if you are right. Families should talk about wills and make sure everyone understands what is happening to avoid problems like this.
In Hendry v Hendry, the court said no to Rosita’s claim because she filed it too late. She had six months after the will was approved to go to court, but her lawyers didn’t file it until almost two months after the deadline. The judge wanted to know why there was a delay, but her lawyers didn’t give a good reason. They said they didn’t realize how serious the situation was until much later. That was not enough for the court. The court said the rules are clear and must be followed, even if it feels unfair. The people who were supposed to get the money from the will had to wait a long time, and the court did not want to delay things more. This case shows that if you don’t follow time limits, even good claims can be lost.
A prenuptial agreement is a paper two people sign before getting married. It says what each person will get if they ever separate. In Hendry v Hendry, Rosita signed this kind of paper before she married Michael. It said that if they split up, she would get £10,000 and a one-way flight to her home country, the Philippines. So when they later separated and Michael died, the court looked at this agreement. Even though she was still his wife, the court saw that she had already agreed to a small amount of money if things didn’t work out. This made it harder for her to ask for more money from his will. The judge said this agreement mattered a lot, even if it felt unfair. That’s why signing a prenuptial agreement should be done very carefully.
In the Hendry v Hendry case, Rosita’s lawyers did not act quickly, and that caused her to lose her chance to claim money from her husband’s estate. The court even said that Rosita might still have another option — she could sue her lawyers. This is called professional negligence. It means her lawyers may have failed to do their job properly. They knew about the time limit, but they didn’t file her claim before the deadline. Because of this, she lost a chance to get anything. If Rosita can prove that her lawyers were careless and that it hurt her case, she might be able to get money from them instead. This is an important lesson. Always choose good lawyers who understand the law and act on time. If they don’t, you may be able to take legal action against them.
Hendry v Hendry gives families a lot to think about when it comes to wills and planning for the future. First, it shows that a will can leave someone out — even a spouse — if there is a prenuptial agreement or if the relationship is over. Second, families should talk clearly about what will happen when someone dies so there are no big surprises. Third, if someone feels a will is unfair, they need to act very fast and get legal help right away. Waiting too long can ruin their chance to fix it. Last, this case teaches families to be kind and clear when planning. Think about what is fair for everyone. Wills should be made with care, and everyone should know what the plan is before it’s too late.
If you don’t want the same trouble as in Hendry v Hendry, there are some easy steps you can follow. First, always read and understand what you sign — like a prenuptial agreement. If you don’t understand, ask someone who does. Second, talk to your family about your will. Make sure people know what to expect. Third, if someone dies and you feel the will is unfair, don’t wait — talk to a lawyer right away. The law gives you only a little time to take action. Fourth, pick good lawyers who know what they’re doing. In Rosita’s case, her lawyers made mistakes that cost her everything. If you follow these simple tips, you can protect your rights and avoid the same problems that happened in Hendry v Hendry.
This case teaches us a big lesson — always act quickly when something feels wrong with a will. In Hendry v Hendry, Rosita lost her chance because her lawyers waited too long. That’s why having the right help at the right time is very important. Even if you are family, the court still follows the rules.
Also, talk to your family about money and wills before it’s too late. Ask questions, write things down, and make sure everyone understands. A little talk now can save a big problem later.
Q: What is Hendry v Hendry about?
A: It’s a court case where a wife tried to get money from her husband’s estate but missed the deadline.
Q: Why did Rosita lose the case?
A: Her lawyers filed her claim too late, and the court said she could not continue.
Q: What is a prenuptial agreement?
A: It’s a paper that couples sign before marriage to say who gets what if they separate.
Q: Can someone sue their lawyers for bad advice?
A: Yes, if the lawyers make a big mistake, you can take legal action for professional negligence.
Q: What is the time limit to claim under the Inheritance Act 1975?
A: You must file your claim within six months after probate is granted.