There are two certainties in life: death and taxes. Most people plan for the former by writing their Will.
Your Will clearly sets out who will inherit your estate after the sad event of your death, naming your chosen beneficiaries and the lump sum or possessions each beneficiary will inherit. You appoint your executors in your Will (usually family members) and trust that they will distribute your estate in accordance with your wishes. Your thoughts of what else might happen when you die often end there. It is a commonly held assumption that you can disinherit a person in your Will simply by not naming them as a beneficiary.
This is not always the case. Under the Inheritance (Provision for Family and Dependants) Act 1975 there are categories of individuals who may be eligible to make a claim to your estate when you die – even if they are not a named beneficiary. These are:
- A current spouse or civil partner
- A former spouse or civil partner who has not remarried and who has not received a final financial settlement following the breakdown of the marriage or civil partnership
- Any person who, during the two-year period immediately before the date of death, was living in the same household in the manner of a spouse or civil partner
- Any of your children including illegitimate, legitimated and adopted children of any age
- Any person you treated as a child of your marriage or civil partnership (i.e. your step-children)
- Any person not included above who was maintained by you immediately before their death, otherwise than for valuable consideration – i.e. anyone else who was not your paid domestic staff.
Read the full article on our website or contact us at DRTeam@herrington-carmichael.com or 01276 686222. This reflects the law at the date of publication
