It’s a sad fact of life that parents and children do not always see eye to eye.

Relationships sometimes break down to such an extent that when the parent makes their Will they want to exclude the estranged child and disinherit them. This is not quite as easy as you might think. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of people, including children and those treated as a child of the family, to make a claim for provision from the estate. It used to be that if the child was an adult, financially independent and not disabled then the Court would take some persuading that payment should be made.

More recently however the judges have been much more sympathetic to such claims. The position now is that it is impossible to guarantee that a claim cannot be made or that it won’t succeed.

If you are thinking of disinheriting someone then make sure you take proper advice from us and get your Will sorted. For further information on Inheritance issues contact our Wills and Proabte team at one of our offices in Boston, Grantham, Lincoln, Newark, Sleaford and Spalding.

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