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A Will is one of the most important documents to consider on death. A Will enables the deceased’s executors to distribute an estate in the way the deceased wished. This may include family members, such as a partner and children, or perhaps a charity. The inheritance decisions made in a person’s lifetime can be expressed and implemented through their Will.
However, what happens if the deceased failed to update an existing Will to reflect a change in their circumstances, such as the birth of a child? Is the new family unit prevented from bringing any claims, and what can they do? To give an example:
- In 2015, David was unmarried. He has a good relationship with his parents and made a Will leaving his estate to them entirely.
- In 2019, David began a relationship with Emily. Their child Grace was born shortly after. Since 2020, Emily and Grace lived with David in his property and were financially dependent upon him.
- In 2021, David became unwell and died a year later. Unfortunately, Emily did not have a good relationship with David's parents.
- David's estate is dealt with in accordance with his 2015 Will, omitting Emily and Grace completely.
What solutions are available if your family member has not updated their Will to include you?
If Emily and Grace are to receive anything from the estate, they will have to consider their options. These include inviting David's parents for a share of his estate or by bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
In this scenario, Emily and Grace are eligible applicants under the Act, but other claimants can apply. Their financial and maintenance needs will be considered as well as other factors. If you are an "Emily" or a "Grace", our Contentious Probate team has considerable experience acting in similar cases, and a vast range of Trust and Probate claims. We are a specialist team and one of the largest in the country.
An initial consultation will allow us to assess your case and advise you on what action you can take.