New legislation to affect expatriate legacies

Under current legislation, children and cohabitees who find themselves excluded in someone’s will are unable to contest it if the deceased didn’t live in England or Wales.

However, a Bill currently going through Parliament could open the way for such claims from people where the deceased is an expatriate.

Under English law, people can leave their assets to whoever they choose. However this is tempered by the Inheritance (Provision for Family and Dependants) Act, which allows certain categories of people to make a claim for reasonable financial provision. Claims like this are most frequently made by mistresses, adult children and cohabitees who feel that they should have benefited in someone’s will but were excluded.

Currently, claims can only be made if the deceased died while living permanently in England and Wales. The new Inheritance and Trustees’ Powers Bill is set to change this.

If you’d like information about making a Will to ensure your assets go where you want them to, please contact Alistair Dobson at Lawson-West on 0116 212 1000.

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