{"id":2398,"date":"2022-08-30T12:17:14","date_gmt":"2022-08-30T12:17:14","guid":{"rendered":"https:\/\/family-matters.co.uk\/?p=2398"},"modified":"2022-08-30T12:18:09","modified_gmt":"2022-08-30T12:18:09","slug":"inheritance-disputes","status":"publish","type":"post","link":"https:\/\/family-matters.co.uk\/uncategorized\/inheritance-disputes\/","title":{"rendered":"Inheritance Disputes"},"content":{"rendered":"
A person is entitled to leave their estate to whoever they want when they write a will. However, there are circumstances in which disputes over who is left what arise. This article will address how to make sure your wishes are followed through and your will<\/a> is legally binding.<\/strong><\/p>\n With increasing numbers of second marriages and blended families people are having to consider balancing their wishes to provide for former partners and their children of a prior relationship.<\/b><\/p>\n The <\/span>Inheritance (Provision for Family and Dependants) Act 1975<\/span><\/a> is <\/span>a law to protect people who are financially dependent on another, when they die<\/b>. It means that in some cases, dependents can claim against a Will that doesn’t provide a reasonable amount of inheritance for them.<\/span><\/p>\n Recent years have seen a rise in claims for provision from estates. This suggests striking a balance is very difficult. It is more important than ever to consider the purpose of this Act, who can benefit from it, the factors a court will consider and the type of awards available if successful.<\/span><\/p>\n People who are can claim under the Inheritance Act include:<\/span><\/p>\n The power is limited to ordering only such provision as is reasonably necessary for the maintenance of the applicant. It has been said that this means the applicant should be able to live \u2018at neither a luxurious nor poverty stricken level\u2019.\u00a0<\/span><\/p>\n If the applicant is a surviving spouse or civil partner of the deceased, they can claim a higher maintenance standard. This is whatever is necessary for their maintenance <\/span>in all of the circumstances<\/span><\/i>. This is significant because with spouses and civil partners, the court can take into account the standard and style of living and reasonable expectations of the applicant. This includes what they might have expected to have if the relationship had ended with divorce instead of death. This may well exceed what they need for their day to day maintenance.<\/span><\/p>\n A person is classed as being maintained by the deceased if they were financially supported by them in some way during their lifetime. This maintenance must have continued until death. Maintenance can be monetary in the form of regular payments or large gifts. Provision of housing can also be maintenance; the deceased may have allowed the claimant to live in their property rent free or at a nominal \/ reduced cost.<\/span><\/p>\n The Act provides a clear list of factors the court must consider. Financial needs and resources will always be central but not all of the other factors will be relevant in every case.\u00a0<\/span><\/p>\n Here is what will be taken into consideration:<\/span><\/p>\n Courts can make an award in a range of formats. These include orders to sell or transfer an estate property or the award of a lifetime right to occupy a property. This then reverts to the estate. This remedy is most likely in cases where housing needs can be met by an applicant staying in an estate property. The capital however is preserved for the other beneficiaries, often the next generation.\u00a0<\/span><\/p>\n The court might also award the claimant a lump sum one off payment, or payments at regular intervals. These types of awards are less common. They may be appropriate if the claimant is particularly vulnerable and having access to a large sum may pose a risk.\u00a0<\/span><\/p>\n Applicants should bear in mind that unless they are a surviving spouse or civil partner of the deceased, the award is limited to what is required for maintenance. The function of the court is not to make awards of capital to those who might be disappointed with the terms of the will but who cannot show any real maintenance need.<\/span><\/p>\n To write a will is the most important step in ensuring that your wishes are followed after your death.<\/span><\/p>\n Having no Will or an invalid Will, can cause difficulties for your loved ones after your death. Your belongings, including any property, may not go to the people that you intended to benefit from it.<\/span><\/p>\n Dying without a will, or dying intestate means you have no say over what happens to your estate. Y<\/span>our money, property and possessions are shared according to the Law instead of your wishes. THe following problems can occur too:<\/span><\/p>\n A Will is one of the most important legal documents you will ever write in your life. It states what you want to happen to your money, belongings and property on your death. A Will is also a vital tool for <\/span>Inheritance Tax planning<\/span><\/a>.\u00a0<\/span><\/p>\n To write a Will makes it easier for your family to sort out your finances and apply for probate. Probate can be time consuming and complicatedIf you do not write a Will, it can be even more so.<\/span><\/p>\n Like many, you may be considering a Will for peace of mind. You might also consider <\/span>Lasting Powers of Attorney.<\/span><\/a> Your Will protects your assets and loved one in death and LPA protects you in life.<\/span><\/p>\n If you are considering <\/span>Estate Planning<\/span><\/a> and want to write a Will and are unsure where to start, our advisors are here to offer free Will writing advice. <\/span>Contact us today<\/span><\/a> for a no obligation consultation.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" A person is entitled to leave their estate to whoever they want when they write a will. However, there are circumstances in which disputes over who is left what arise. This article will address how to make sure your wishes are followed through and your will is legally binding. With increasing numbers of second marriages and blended families people are…<\/p>\n","protected":false},"author":990005,"featured_media":2401,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[],"acf":[],"yoast_head":"\nWhat Is The Inheritance Act?<\/span><\/h2>\n
Who Can Claim Under The <\/span>Inheritance Act?<\/span><\/h2>\n
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What Does \u201cMaintained By\u201d Mean?<\/span><\/h2>\n
How Are Claims Assessed?<\/span><\/h2>\n
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Inheritance Awards<\/h2>\n
How To Avoid Inheritance disputes<\/span><\/h2>\n
Dying Without a Will.<\/span><\/h3>\n
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Write A Will<\/span><\/h2>\n