1 March 2013 by

Relief for the excluded

You may think when you make a will that, upon death, your intentions will be carried out by the executors of the estate. You may also think that your intended beneficiaries, whoever they may be, shall benefit in accordance with your wishes.

However, problems can arise when certain family members and dependants are not included within the will. The Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) drives a ‘coach and horses’ through the principle of testamentary freedom.

The 1975 Act empowers certain family members or dependants to make an application to Court for reasonable financial provision from the estate of the deceased. Action must be taken quickly if an individual wishes to make a claim in accordance with the 1975 Act as the claim must be issued within six months of the date of the grant of probate.

The 1975 Act allows any of the following to apply to court for reasonable financial provision:

  • the wife or husband of the deceased; or
  • a former wife or former husband of the deceased who has not remarried; or
  • a child of the deceased; or
  • any person who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage; or
  • any person who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased; or
  • any person who was during the whole period of two years immediately prior to the death of the deceased, living in the same household as the deceased and as the husband of wife of the deceased. This only applies if the deceased died after 1 January 1996.
  • If any of the above criteria is satisfied the individual may have a claim for reasonable financial provision under the 1975 Act.
  • If you think you may have a claim in accordance with the 1975 Act or for any other contentious issues surrounding wills, please contact 0207 288 4700 or email us at info@boltburdon.co.uk
8 February 2013 by Darren Coleran

Enfranchisement the basics

Are you the leaseholder of a flat or house? If so, you may have individual and collective rights relating to your property.

15 February 2013 by

Crocodile tears

The Court of Protection has recently decided an important case on the duties of an attorney who is managing someone’s finances under a Lasting Power of Attorney (LPA).

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