Divorce and divided families

In recent years there has been a significant increase in the number of people who have successfully managed to claim on a deceased estate.

The Inheritance (Provision for Family and Dependants) Act 1975 gives certain categories of people a statutory right to claim on your estate if you have disinherited them or if your Will makes inadequate provision for them.

The implications of this legislation could be particularly important if you fall into any of the following categories:

  • Divorcees
  • People in second marriages
  • Unmarried couples
  • People with different children from different relationships
  • People with children who may have problems of their own (bankruptcy, addictions etc)

Ensuring that unwanted claimants on your estate are unsuccessful has been a motivation for many of the clients who have used our service over the years.

A small amount of time and expense now could save a lot of time, expense, and disappointment for your loved ones when it is too late.

Here are a few tips to bear in mind:

Be clear who you want to exclude from your Will, and be ready to briefly discuss the circumstances with us.

Have details ready of any money an unwanted claimant currently receives from you (such as Child Support Agency or other maintenance payments).

Be clear who you do need to protect in your Will (such as a partner who is not actually your next of kin), and again be ready to briefly discuss the circumstances.

Ask us to ask us what The Inheritance (Provision for Family and Dependants) Act 1975 is. We will go through it’s specific relevance to you, based on your own individual circumstances, before completing your Will.

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