Published on: 18th September 2023

Inheritance (Provision for Family and Dependants) Act 1975

The Inheritance Act 1975, was enacted to resolve the issues of fairness and provisions for family members and dependents in the distribution of an individual’s estate. This piece of legislation provides a legal framework, to ensure that financial provisions are made for those individuals, who may have been discarded from a Will, or in their view, inadequately provided for. This act plays a crucial role in the ever changing and evolving dynamics of familial relationships. Testators would be well advised to carefully consider finding a balance between their wishes to provide for a second spouse and their children from a previous relationship, given the rise in blended families and second marriages as well as, the increased awareness of inheritance tax issues.

But who can make a claim? The Inheritance Act allows specific categories of individuals who feel like they have not received reasonable financial provisions to challenge a Will. These include; a spouse, a former spouse who has not remarried, anyone financially dependent on the deceased before death and children including adult children. Therefore, any of these individuals can make a claim against your Will if they believe they have not been included/sufficiently provided for. This will raise issue with the processing of your Will and could result in your wishes in your Will not being met.

We at Casey & Associates provide advice on how to reduce the chance of the claim succeeding in relation to the Inheritance Act 1975.

If you would like to discuss your current circumstances and how to take steps to ensure your wishes are met after you pass away, please consider booking a no-obligation appointment with one of our Consultants by calling 01732 868190 or by using our online form by clicking here.

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If you wish to give instructions or require general information about our Wills, Lasting Powers of Attorney, or Trusts then we will carry out a telephone or Zoom appointment.

However, if you wish to give instructions to one of our Consultants and you feel that you can only do this at a Face to Face meeting then we are offering, at our Consultant’s discretion, a limited number of Face to Face appointments in most of the areas we normally cover. To see the areas we normally cover please click here.

To arrange an appointment please telephone 01732 868190 or click here.

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