Solicitor Louise Low, in our Dispute Resolution team explains what constitutes “reasonable provision” when it comes to a person's Will and 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 and claims under the Inheritance (Provision for Family and Dependants) Act 1975 (the ‘Act’).
In broad terms, the Act provides for “relevant people” to seek “reasonable provision” from the estate. Relevant people include the following:
- Spouses
- Civil partners
- Former spouses or civil partners who have not remarried or entered into new civil partnerships
- Cohabitees
- Children
- Individuals treated as a child of the family
- Dependents
What constitutes “reasonable provision” will turn on the individual facts of each matter, and consideration will be given to factors such as the size of the estate, the financial needs and resources of each party and any physical/ mental disabilities of the parties. The Act enables the testator’s (the person who made the Will) Will to be overturned and their wishes overruled.
Testators seeking to minimise the risk of disputes arising in relation to their Will can do a number of things. Firstly, and most importantly, they can make their Will through a Solicitor. A well drafted Will is less susceptible to challenges of validity. Furthermore, Solicitors keep records of discussions with the testator, which can be valuable in defending both claims of invalidity and under the Act. They may also recommend a medical assessment by a GP to satisfy any questions in relation to mental capacity. Please get in touch with our Wills, Probate, Tax & Trusts team for further information.
Secondly, testators can give a witness statement to support their decisions. This can address any of the provisions under the Will and explain the reasoning behind them in further detail. It is particularly useful where the testator wishes to disinherit someone altogether, or leave someone less than another. Although the testator cannot prevent claims under the Act being brought, this is the best way that they can give evidence to rebut claims and enforce their wishes, after they are no longer around to give evidence personally. Such a statement prepared with a Solicitor will cover the factors that a Court would look at if faced with a claim under the Act. Our team will be happy to assist in drafting Act statements as formal documents of wishes that can be stored alongside your Will.
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.
