201710.04

“I’ll leave it to the cats’ home !”

It’s a fact – you do have the right in law to leave your money to anyone you like – even the cats’ home – and I’m sure they would be very grateful. The problem comes when you don’t provide for certain categories of dependents who can argue they are entitled in law to receive some provision.

Private client lawyers are always advising their clients to think carefully before cutting off relatives who have upset them and who have stopped visiting. The Court lists are full of cases where these dependents are seeking to, in effect, re-write the terms of a will after death because they can claim under the Inheritance (Provision for Families and Dependents) Act 1975

This act aims to allow the Court to look back at the deceased’s estate and balance against that the fair and reasonable provision for certain people who come within certain categories, such as spouse or civil partner. This can be where there is no will and the deceased died intestate, where the provision left for them is not enough or where they have been left out of the will entirely.

There is no substitute for proper legal advice firstly, in drafting your will and secondly, if you are dealing with the after-effects of a devastating will provision, what you can do about it.  If you would like to talk about this, contact one of our experts.

Disputing a Will

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Wills 
Anne Stennett

Disputed Wills
Adrian Boulter