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to benefit from their death in preference to another class of beneficiary e.g. their present spouse, own children, or even their first husband or wife.
The underlying reason as to why a person does not wish to make provision for a person or group of persons is not the overriding concern in this situation.
The overriding concern of the Law is: –
‘Is the person(s) [for whom no provision has been made in the testator’s Will] dependent upon the testator?’
The Inheritance (Provision for Family and Dependants) Act 1975
If you live in England and Wales then you are allowed to distribute your estate to whoever you wish to give your estate to. There is no specific, forced, inheritance (such as that that occurs in Scotland, France, Spain, and under Shari’a Law.)
The risk with this ‘freedom’ however is that people who are financially dependent upon the testator may find themselves disadvantaged.
To protect against such abuse the Inheritance (Provision for Family and Dependents) Act 1975 was brought into law.
The Inheritance (Provision for Family and Dependants) Act 1975 gives certain classes of people, namely ...
- the wife, or husband, of the deceased;
- a former wife or husband of the deceased who has not remarried -
unless the divorce settlement includes a ‘clean break’ clause; - a person cohabiting with the deceased;
- a child of the deceased; or
- any person maintained by the deceased
... the right to claim on a deceased person’s estate.
The Law sets out the time frames during which a ‘challenge’ must be made.
The Solution
If you are proposing getting married, entering a civil partnership, getting divorced, wishing to make an unusual distribution of your estate, or are concerned that your children could be disinherited, then you need to speak to us as it is most likely you will need to make/amend your will - and we have the services you need. We will explain what actions you should take (which may include making an ‘expression of wishes’ to explain your reasons - and help you take them - to protect your property and family.
The Next Step
Contact us for more information.
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Can you exclude your present wife/husband/partner from your Will?
Are you wishing to ensure that someone in your family does not benefit from your estate when you die?
Many people do not want their:
- ex-
husband, ex- wife or ex- civil partner; - long-
term cohabiting partner; or - spouse or partner’s child or children;
A divorce does not automatically revoke your Will -
The ‘ex’ may however retain a right to your estate under the Inheritance (Provision for Family and Dependants) Act 1975. This you may not want! (See to the left for more details.)
And property may be transferred automatically into your ex’s name on your death (Please read up on Tenants in Common) unless you take appropriate action.
And one final risk: have you nominated your ex-
