INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975

This is the exception to the rule that you have complete testamentary freedom. Certain categories of family and dependants can make a claim against your estate if they are inadequately provided for in the event of your death, whether there was a will made or not. A spouse can be awarded whatever the court thinks reasonable. The same sort of principles would apply as if there had been a divorce. The categories that can claim under the will are these.

• Wife or husband of the deceased.
• Any former wife or husband of the deceased who has not remarried.
• Any child of the deceased.
• Any person who was treated as a child of the deceased.
• Any other person who was being maintained by the deceased prior to the death.

Dependants

This can cover a wide range of applicants, but maintenance only is payable, not a lump sum.