If you have been left out of a family member’s will then you may be entitled to make a claim against the Estate when that person dies. The Inheritance (Provision for Family & Dependants) Act 1975 (“Inheritance Act”) gives the Court the power to vary a person’s Estate on their death if a spouse, child or other person who is being maintained by the Deceased has been left out of a Will or has not been left as much as they need. A person in one of these categories can also make a claim against an Estate if they have not inherited as a result of intestacy.
These claims are often complicated and can be costly. It is therefore important that you take legal advice as soon as possible. If you make a claim against someone’s Estate and are unsuccessful then you may be ordered to pay the Estate’s costs.
Alternatively if you would like to leave a family member out of your Will for a specific reason then it is important that you take legal advice in relation to the implications of doing this. It is important that these reasons are explained clearly when the Will is drafted.
For further advice in relation to the drafting of Wills please see our Will Page.