Will disputes

In certain circumstances, if you have excluded close family members from your Will they may make a claim on your estate. In England and Wales the Inheritance (Provision for Family and Dependants) Act 1975 ensures that certain people who are dependant upon you prior to your death, are adequately provided for after your death.

The types of person who may make a claim are:

• Your spouse/civil partner
• A former spouse/civil partner (if still unmarried or not in a civil partnership)
• A person who has been living with you as if your husband/wife/civil partner for two years immediately preceding your death
• Your children or those who you treat as your children, such as stepchildren
• Other dependants.

In Scotland the surviving spouse/civil partner or children can, if they wish, make a claim on your estate. Such persons can apply to the Court for provision to be made. If you wish to exclude someone in these categories from your Will you should seek specific legal advice.

Next: Alterations to a will

Related Clickdocs documents

• Legal Wills - a range of standard Wills for use in England, Wales and Scotland