Solicitor Louise Low, in our Dispute Resolution team explains who can make a claim under the Inheritance Act when left out of a Will.
Following the various widely reported decisions in the Ilott v Mitson case, which ran from 2007 all the way to the Supreme Court in 2017, the number of inheritance related disputes continues to rise. The Ilott decision acted as a trigger for the rise in this type of claim because it concerned an adult child in very poor financial circumstances who had been estranged from her mother for many years, who succeeded in part in her claim for provision from her mother’s estate.
Disputes concerning Wills come in many shapes and sizes, but the most common fall into two main categories; challenges to the validity of the Will itself (so seeking to overturn the whole Will), and claims under the Inheritance (Provision for Family and Dependants) Act 1975 which seek “reasonable provision” from the estate.
Who can make a claim under the Inheritance Act?
- Spouses
- Civil partners
- Former spouses or civil partners who has not remarried or entered a new civil partnership
- Cohabitees
- Children
- Individuals treated as a child of the family
- Dependants
How can you minimise the risk of a dispute?
Make a Will through a solicitor. A well drafted Will that takes account of all your circumstances and the possible claims that might be made, is your best option to avoid a dispute. The solicitor can advise and keep records of your discussions which can be valuable should a claim be made.
You should ensure that you consider providing for anyone who would be entitled to claim. This doesn’t always mean leaving them anything. No provision can be reasonable provision under the Act if, for example, the person is already adequately provided for (perhaps by gifts during made during lifetime, or jointly owned assets). However, in some cases it Will be best to leave them something, so as to avoid a later dispute.
If you wish to “disinherit” anyone, a child for example, it can be a good idea to leave a statement with your Will explaining your reasons for your decision.
Claims often arise because of disappointment or feelings of unfairness when the Will is not as expected, so being clear with your family as to your intentions and the reasons for them can also be helpful in avoiding a dispute.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
