1975 Inheritance Act Claims – on the rise

Those individuals entitled to claim would be:

• Spouse or civil partner
• Former spouse or civil partner (provided that person has not remarried or entered into a new civil partnership);
• Long-term cohabiting partners;
• Children;
• Those treated by the deceased as if they were a child of the family; and
• Those being financially maintained by the deceased.

Sadly there has in recent years been a marked increase in the number of disputes in England and Wales under the 1975 Act. Many disputes will be ruinously expensive for those involved in addition to causing physical and emotional stress for all. The time, energy and financial resources required to deal with a claim should not in any way be underestimated.

But why the recent increase in claims? There are a number of reasons most notably a greater awareness across the board, the cost-of-living crisis, more complex family structures such as blended families, cohabiting couples and non-traditional relationships and a general increase in Dementia amongst our society.

In the event of a claim a Court will consider several factors such as financial needs and resources of the applicant and also the beneficiaries named in the Will, obligations and responsibilities of the deceased towards these individuals in addition to other factors too.

At Thackray Williams LLP our client base is varied and diverse and we are frequently asked to prepare Wills which may not necessarily make provision for all those expected to inherit or may not make an equal division of assets amongst those who might otherwise expect to be treated equally.

In view of the increase in claims now being made and the potential implications for those involved, it is imperative appropriate advice is sought at the time of making a new Will.

Our Private Client Department will listen to your concerns and needs and advise on the options available for the structure of your new Will. This may for example involve including a particular Trust in your Will if suitable. In some cases it can also be sensible leaving a side letter sitting alongside your Will which can remain private unless and until a claim is made. Consideration may also be given as to whether a testamentary capacity report prepared by a specialist may be beneficial depending on the particular circumstances. Whilst not an exhaustive list, these are factors we may consider with you in addition to any other relevant points depending on your circumstances and proposals for your new Will.

A carefully considered professionally drafted Will could save emotional heartache and financial pressures for those loved ones left behind following your death and if you are contemplating making a new Will, we would be delighted to assist you. Call us on 020 8290 0440.