A recent article by Ben Wilkinson in The Telegraph highlights a growing concern among individuals regarding the security of their final wishes as expressed in their Wills. The piece discusses the case of Roger Howe, who deliberately excluded his daughter from his £1.4 million estate, only for the courts to later award her a significant portion of it. This situation underscores the complexities surrounding testamentary freedom and the potential for legal challenges under current UK inheritance laws.
Understanding Testamentary Freedom and the Inheritance (Provision for Family and Dependants) Act 1975
In England and Wales, individuals have the right to distribute their estate as they see fit, a principle known as testamentary freedom. However, this freedom is not absolute. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals, including spouses, children, and dependants, to contest a Will if they believe it does not make “reasonable financial provision” for them. This legislation aims to balance an individual’s testamentary wishes with the needs of those who were financially dependent on them.
The Implications of Recent Legal Challenges
The case of Roger Howe is not isolated. There has been a notable increase in inheritance disputes reaching the courts, often resulting in significant legal fees and the redistribution of estates contrary to the deceased’s explicit wishes. Factors contributing to this trend include rising property values, complex family dynamics, and greater awareness of legal rights among potential claimants.
Strategies to Safeguard Your Estate
To minimise the risk of your will being contested, consider the following steps:
- Clear Communication: Discuss your estate plans with your beneficiaries to manage expectations and reduce the likelihood of disputes.
- Detailed Documentation: Clearly outline your reasons for any exclusions or unequal distributions in your will. This can provide context and support your decisions if challenged.
- Regular Updates: Review and update your will regularly to reflect changes in your personal circumstances, relationships, and assets.
- Professional Advice: Consult with legal professionals specializing in estate planning to ensure your will is robust and considers potential challenges.
- Consider Lifetime Gifts: Distributing assets during your lifetime can reduce the value of your estate and the potential for disputes after your death.
While the law provides mechanisms to protect dependants from being unfairly disinherited, it’s essential to take proactive steps to ensure your estate is distributed according to your wishes. By engaging in thoughtful estate planning and seeking professional guidance, you can uphold the integrity of your final wishes and provide clarity for your loved ones.
At SLS Wills and More, we are committed to helping you navigate these complexities with expertise and compassion. Our team is dedicated to ensuring that your estate planning reflects your intentions and provides for your loved ones appropriately. It’s worth noting that our founder – Sara Sheppard has over 37 years experience in this field, is TEP qualified and is a Fellow of the Society of Will Writers.
