What if I want to exclude a family member from my Will?
Let’s give an example:- Jack has three children, Anna, Kim and Peter. His relationship with Peter has broken down and, as a consequence, Peter has had no contact with his father for 10 years. Jack does not wish to make provision for Peter in his Will. Jack is free to leave his estate to whomever he likes, however, this freedom is limited somewhat by statute. The Inheritance (Provision for Family and Dependants) Act 1975, provides that certain classes of people may apply for financial provision from a deceased’s estate and this includes a spouse or civil partner, a former spouse or civil partner, who has not remarried or entered into another civil partnership, a child of the deceased, somebody treated as a child of the deceased or any person who was being financially maintained by the deceased prior to his death.
The Court will take into account, amongst other things, the circumstances of the applicant, the size and nature of the estate and, where relevant, the conduct of the applicant.