When someone dies there are certain categories of people who can claim money from the estate if they have not been adequately provided for. This includes the spouses, ex spouses and cohabitants as well as the children of the deceased. Also included are people who have been treated as “children of the family” and people who were wholly or partly financially dependent on the deceased.
A new Act of Parliament, the Inheritance and Trustees Powers Act 2014 is expected to come into force later this year. This will remove arbitrary obstacles to family provision claims by dependants of the deceased and anyone treated by the deceased as a child of his or her family outside the context of a marriage or civil partnership. It will also permit a claim for family provision in certain circumstances where the deceased domiciled outside of England and Wales but left property and family members or dependants here.
Although we cannot prevent claims being made or guarantee that they will not succeed, it is very important that you take proper advice if you think these changes might affect you.
For further information on the Inheritance and Trustees Powers Act 2014 or for advice on making a will, contact the Wills and Probate team at one of our offices across Lincolnshire and Newark.