Will and Inheritance Disputes
When a family member passes away it is those who are left behind who have to deal with all the arrangements of the deceased’s finances. This includes acting in accordance with their Will, should they have left one.
In English law, a person is free to dispose of their estate to whomsoever and however they wish. But what happens when that person has blatantly failed to provide for you?
Under the Inheritance (Provision for Family and Dependants) Act it is possible to apply to the court for a Judge to consider whether or not reasonable provision has been made for you under the Will.
Initially a lot depends on who you are in relation to the deceased, i.e. a spouse, child or just someone maintained by the deceased. The law provides for separate remedies depending on your relationship.
If you are the spouse of the deceased and no or little provision has been made for you, the court can make an order for ‘…such financial provision as would be reasonable in all the circumstances, …whether or not that provision is required’. In reality what this means is that if your spouse was a multi-millionaire, it may be difficult to prove that you actually need millions of pounds, but it would only be right for the court to make that order if it were a ‘reasonable’ settlement. It has been commented that this provision is similar to the position had the parties divorced.
If you are not a spouse but are only a person maintained by the deceased, then the court can order ‘…such financial provision as would be reasonable’. Usually this is a matter of fact. For example if a man has been giving someone £50 each and every week for some time for their own maintenance, then it is likely that a court order would reflect that.
Of course any order is made at the discretion of the Judge and according to the individual facts of each case.
Should you require any further information please do not hesitate to contact:
Hayley Garnett at Heptonstalls LLP on 01405 765661