The law in England and Wales is such that you have testamentary freedom. This means that you can leave what you like to whom you like. However, it is possible for certain people to make a claim against your Will if they feel you have not made sufficient provision for them. The categories of those who can claim are:
- A spouse or civil partner of the deceased
- A former spouse or civil partner
- A person living as the spouse or civil partner of the deceased
- A child of the deceased
- A child treated as a child of the family
- A person maintained by the deceased
With more blended families and huge financial pressures on the generation that is starting to inherit the number of claims against Wills is increasing.
We have a special trust that will protect your home* providing you placed your home into this trust more than six years before you die. If you have a “black sheep” in the family and you are worried that they might make a claim against your Will then this solution might be of interest to you.
An additional benefit is that this trust will also protect your home* from care fees assessment should you ever need long term care.
If you would like to meet with one of our Consultants to discuss any of the issues raised in this article or any other Estate Planning topic please telephone 01732 868190 or click here.
*Please note that depending on the value of your home it may not be possible to place 100% of your home into trust. Our Consultants can give you the relevant advice during the appointment.