Where a person is dependant on another, eg a child dependant on their parent or an elderly relative in frail health is living with an adult child, and the person they are dependant on dies but no provision (or not enough provision) is made for the dependant in the Will, then the dependant can claim under the Inheritance (Provision for Family and Dependants) Act 1975. Usually such claims are made where either the dependant was relying on an income or home from the deceased, or was living with the deceased at the time of death and there is evidence of a long standing relationship between the dependant and deceased.
Generally people able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 are:-
• The deceased’s spouse or civil partner;
• Anyone who lived with the deceased as if a spouse for at least two years;
• A former spouse who did not have a clean break financial settlement as part of the divorce and who has not remarried;
• A child or anyone who was treated as a child of the family, eg step-children, children from a former marriage;
• Anyone who was being financially maintained by the deceased.
An adult daughter, who worked in an industry where short term temporary contracts with gaps between contracts are normal, made a claim against the estate of her mother’s deceased partner. The daughter did not live with the deceased and was not paid any income by the deceased. However, the deceased had given the daughter significant sums of money as unpaid loans to repay debts she had incurred. The daughter claimed that the money left by the deceased in the Will was inadequate and that, as a dependant of the deceased, she should have further provision, otherwise she was at risk of becoming bankrupt.
The daughter was bequeathed £2,500 in the Will “because she has already benefited” and the bulk of the deceased’s estate was given to the National Trust. The Court of Appeal found that the daughter was not a dependant and the original Will should stand.
If you are considering making a Will and know that there may be a dispute about the Will, Lawson-West’s solicitors will explain any potential consequences in a jargon-free way so you can make sure your Will avoids disputes. Lawson-West can also draw up a Letter of Wishes to go with the Will which will explain why you made the arrangements in your Will, eg if you have two children and decide to leave a smaller sum of money to the wealthier child or if one of your children has health problems and you want to leave more money to them or can outline why you feel someone should not have as large a bequest as they may be expecting. This will help give guidance to your executors when they finalise details of your estate.
Please call Lawson-West on 01858 445480 to make an appointment now or complete one of the on-line enquiry forms. You can make an appointment at any of our branches in Market Harborough, Wigston or on Uppingham Road in Leicester. We can also arrange a home or hospital visit if you are unable to attend any of our offices due to your ill health.
