Dec 15

How Wills Solicitors relate to The Inheritance (Provision for Family and Dependants) Act 1975 when Excluding Someone From a Will

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How Wills Solicitors relate to The Inheritance (Provision for Family and Dependants) Act 1975 when Excluding Someone From a Will

A will is the only way that you can make sure that your wishes are carried out when you are no longer alive. And it is your legal right to freely choose who to include in your Will. However, the Inheritance (Provision for Family and Dependants) Act 1975 makes it possible for individuals to challenge a Will if they do not agree with the level of inheritance they have received from you, after you have died. The following text elaborates on the factors that come into play when a beneficiary considers approaching wills solicitors for making a claim.

Are you At Risk?

If you wish to make sure that no disagreements arise while distribution of the estate, you should make sure of the following:-

  • Go over your family tree to get a better idea of who should be considered as a dependant.
    • This way you will reduce the risk of accidentally leaving someone out of your will.
  • If you wish to deliberately exclude someone from your estate then you will have to :-
    • Make a statement that mentions why you want to exclude a certain person from your estate.
    • You can also meet that with that person in the presence of Wills solicitors to explain the reasons behind his/her exclusion.
    • your reasons should be:-
      • Fair and reasonable.
      • Based on facts.

Who are you at risk from?

People who can claim for a reasonable financial provision include:-

  • Your spouse or civil partner.
  • Previous spouse or civil partners if they haven’t remarried or gone into a civil partnership.
  • Children and other individuals you treated as children.
  • Someone who might have been living with you two or more years prior to your death.
  • Various financial dependants.

What factors will be considered when a claim is made?

Is someone makes a claim with the help of Wills Solicitors, the following will be considered:-

  • The Financial Position of the Person Making a Claim:-
    • If the claimant is in a poor financial position, then their claims will likely be stronger.
  • The Financial Situation of the Beneficiaries:-
    • If the beneficiaries were financially stable even before inheriting the estate, then their defence will be weak.
  • Obligations and Responsibilities:-
    • If the testator was responsible for claimant, then his/her claims will be strong.
  • The size of the estate:-
    • It is unreasonable for a testator to deliberately leave out someone from a large estate.
  • The claimant is Physically or Mentally Disabled:-
    • If the claimant is dependent on his/her inheritance due to a physical or mental disability, then his/her claims will be strong.

It is important to highlight and eliminate possible disputes during your lifetime, so make sure you involve expert wills solicitors while writing your Will.