The little-known law that has a big impact
If you have not heard of the Inheritance Act, it was introduced in 1975 to give courts the power to overturn a will or override intestacy rules – that’s when someone dies without a will. This is the Act that has the power to award someone a share of someone’s estate, even if they are not named in the will. Claimants can be former spouses, civil partners and some cohabitants, and dependents.
A battle of wills
There are many reasons why you might want to leave someone out of a will. Most of the time it’s due to separated families, which is why it is even more important to update your will if you re-marry - especially if you have children, because we have seen cases where children have been accidentally disinherited through an out-of-date will.
The law exists to protect these people, but it is still important to know about it if you are estranged from any family members, especially as the legal industry is seeing a rise in families seeking advice before their older relatives die. This increase is mainly due to the worry of getting a smaller share of an estate than other members of the family. Older generations are wealthier with higher valued estates – and that means there is more to argue over.
If you want to avoid a claim…
The Courts will try and look beyond the wording of a will, so it might be wise to leave a private letter of wishes and keeping it with your will that addresses the Inheritance Act. Highlight why someone may not need to benefit from your estate – for example they are an adult and are stable in their job or home life.
You can also highlight any past relationship history, like abuse or violence, which may have an effect on the decisions made by the Court. You may have given one child more money in their lifetime, which is why the other is benefitting more in your death. Again, if it's explained, it might help families think twice about making a claim, and can help the courts in their decision making too.
There is no cast-iron guarantee that your wishes will be granted if the Courts believe you have failed to make a provision for someone. The best thing to do is seek legal advice and keep conversations as open as possible with your family members.
If you have remarried or your circumstances change during your lifetime – for example if you have more children or grandchildren – you should always make sure your will is up to date.
For further advice, contact the Private Client team at Downs Solicitors to see how we can help.
Contact Victoria Evans
