Lack of Provision in a Will

Question 1

What are the legal options for someone who has not benefited under a will?

Answer 1

Claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Who can claim?

Spouse or civil partner.

Former spouse/civil partner (not remarried).

Child (including stepchild).

Anyone financially maintained by the deceased immediately before death.

Question 2

What factors will the court consider?

Answer 2

The court must be satisfied that reasonable financial provision was not made.

Objective test: Court examines reasons why provision was lacking.

Spouse/civil partner: More likely to succeed; provision does not need to be for maintenance.

All other applicants: Must show provision is necessary for maintenance.

Question 3

What can be done?

Answer 3

Beneficiaries under a will can vary their entitlement to pass their interest to another person.

Can be done in respect of part or all of a gift.

Must be in writing (usually by deed).

If done correctly, may avoid inheritance tax consequences.

Allows redistribution of assets among family members without court intervention.