It is always sad when we meet a client who tells us that one of their children is estranged. Sometimes this is caused by an argument, usually over something quite trivial. But sometimes, and increasingly the case in the last few years, one child has just ceased contact with our client. Surprisingly, it is not always the case that the child has moved far away from their parent(s).
Our client will then ask our advice with regards to making a reduced or even nil provision for the estranged child. It is always a difficult decision for our client and sometimes the husband and wife will disagree on their wishes.
The options fall into the following categories:
- Equal share to all children including the estranged child
- Reduced share to the estranged child
- Reduced share to estranged child with a forfeiture clause in the event the estranged child challenges the Will
- Active non-provision to the estranged child
- Passive non-provision to the estranged child
Each option has positives and negatives and advice will always be bespoke depending on the family dynamics.
Furthermore, we can give advice on the correct format of a letter to write if the estranged child should ever challenge the Will.
Whatever your circumstances it is best to get professional advice. If you would like to meet one of our Consultants and discuss any of the issues raised in this article or any other Estate Planning topic, please telephone 01732 868190 or click here.