03/12/2024
Testamentary Freedom:
In the jurisdiction of England & Wales people making a Will to distribute their estate upon their death are free to leave their estate to whomever they wish without any automatic entitlement for family members or others.
This is not the case in all jurisdictions where people may be subject to forced heirship which tends to guarantee an inheritance for family of the deceased.
In England & Wales the Inheritance (provision for family and dependents) Act 1975 provides for certain classes of people to bring a claim against a will if it does not make reasonable provision for them.
There is no definition of reasonable provision, and this would be judged in each individual case based upon the facts presented.
If you are considering writing a will that excludes family members who may expect to inherit from your estate it is important that you seek advice on how to write a will.
Will Provider are specialist experienced will writers who can help guide, advice and draft your will, call us today on 01332 410044