Cutting Someone Out of Your Will? Think Again! 🚨
🚨 Think cutting someone out of your Will is straightforward? Think again! 🚨
The recent case of Jenna Howe, who was disinherited by her father yet still managed to secure a £125,000 payout, highlights a crucial point: cutting someone out of your Will isn't as simple as it seems. 🤔
In the UK, the 1975 Inheritance (Provision for Family and Dependants) Act plays a pivotal role in estate disputes. This legislation allows certain individuals, such as spouses, children, and dependants, to claim against an estate if they believe they haven't been provided for reasonably, regardless of what the Will dictates. This means that even if someone is explicitly excluded from your Will, they might still have a shot at a share of your estate—yes, even if they're described as a "lazy useless, lying druggy" (Mr Howe's words, not ours!).
Why Is It So Complicated?
The law aims to balance the testator's freedom to distribute their estate as they wish with the need to provide for those who may depend on them. This can lead to complex legal battles, where the court must weigh the deceased's wishes against the claimant's needs. The court takes into account various factors like the financial needs of the claimant, the size of the estate, and the nature of the relationship with the deceased.
The Role of the Court
When a claim is made under the 1975 Act, the court has the power to make an order it considers reasonable in the circumstances. This might involve redistributing the estate to provide for the claimant, which can sometimes lead to outcomes that seem contrary to the original intentions of the Will. The court's decision is based on fairness and the needs of the claimant, which can sometimes override the testator's wishes.
What Can You Do?
Draft Specific Exclusion Clauses: Clearly articulate your reasons for excluding someone in your Will. This can be a powerful tool in defending your wishes if your Will is contested. The more detailed and specific you are, the better.
Tailor Minimum Payments: Consider making small provisions for those you wish to exclude. While it might seem counterintuitive, acknowledging them in some form can deter them from contesting the Will, as they have already been considered.
Document Your Reasons: We offer the option to store a video documenting your reasons for exclusion with our trusted storage partners. This personal touch can provide clarity and support your decisions, offering a first-hand account of your intentions.
Seek Professional Guidance: Professional expertise is invaluable in ensuring your Will is both clear and legally sound. Our team at AWAY Wills is dedicated to making sure your intentions are accurately reflected and respected. We work closely with you to understand your unique situation and tailor your Will to meet your specific needs.
Regularly Update Your Will: Life changes, and so should your Will. Regularly reviewing and updating your Will ensures it remains relevant and reflective of your current wishes and circumstances.
Conclusion
The complexities of disinheritance underscore the importance of thoughtful and strategic estate planning. At AWAY Wills, we understand that planning your legacy can be an emotional and challenging process. Our goal is to simplify this journey for you, providing expert guidance and support every step of the way.
📝 Let's make sure your Will reflects your intentions clearly and legally. Planning your legacy doesn't have to be daunting. With the right guidance, you can ensure your wishes are respected and your loved ones are cared for.
#AWAYWills #EstatePlanning #ModernWills
