The BBC reported on a very interesting case at the end of July that was stated to be a possible landmark decision
It involved a woman cut out of her mother’s will who went to court and was subsequently awarded a £164,000 inheritance.
A link to the full report is below but I wanted to just give my thoughts.
It is always possible for someone to make a claim under the Inheritance (Provision for Family & Dependants ) Act 1975 if they are unhappy with what is in a Last Will and Testament.
I therefore think it is important to address this at the stage of making a will. I always ask clients if they have deliberately excluded someone or provided a reduced benefit. Discussing this up front is beneficial.
We also produce an exclusion statement if there is an exclusion to ensure that if the case goes to court then the client has detailed why they have excluded someone.
Of course, it isn’t an easy subject to discuss so I always ensure my confidence and professionalism.
Being open and honest with the person you’ve entrusted with your Will is crucial.
http://www.bbc.co.uk/news/uk-england-beds-bucks-herts-33684937
