Island Life Magazine Ltd April/May 2018 | Page 127

Legal
CLAIMS ON ESTATES BY
DISINHERITED CHILDREN?
By Terence Willey of Terence Willey & Co
Over the years there has been a general
assumption that the last Will and
Testament of an individual is precisely
what it says, and therefore not open to
variance. However, this is not the case,
and in circumstances of disinheriting
lawful children from benefiting under
your Estate for one reason or another,
this should be very carefully considered
before proceeding.
It was always considered prudent to leave with
such a Will a written letter of explanation as to
why the Will did not include a provision for a child
to benefit as would have been expected. There
are naturally reasons why individuals feel a child
should be excluded, such as a demonstration of a
lack of express love and affection over many years
past, unacceptable behaviour, substantial personal
financial burden encountered, and a general
disownment as a member of the family.
One recent case highlights the opportunities for a
disinherited child to make a claim against a parent’s
Estate. This involved an issue where a father was
estranged from his three daughters and left his
entire Estate, over a quarter of a million pounds, to a
friend in financial difficulties. He went to the trouble
of leaving a letter of explanation as to why his three
daughters were excluded from his Will. However,
one of the daughters had financial problems herself,
and claimed from her father’s Estate a reasonable
provision to be granted under the “Inheritance
Provision for Family and Dependents Act 1975”.
She made an application requesting the Court for
almost £60,000.00 to fund her planned veterinary
nurse training and related living and travel expenses,
including sufficient money to pay off various debts.
The Court carefully considered the claim and
came to the finding that the estrangement was not
the daughter’s fault and she was awarded some
£30,000.00. There is no evidence that she had
planned to undertake a veterinary course whilst her
late father was alive, and he would not have taken this
into account (nor would she have expected him to do
so), but he might just have provided in his Will had he
been aware – although with no assumption that this
might have been taken up by her.
This case clearly demonstrates that the 1975
legislation ‘opens the door’ for such claims to be
made for consideration. However, if such a claim
progressed to the Courts for consideration then it
would be in the Chancery Division of the High Court,
and likely to be a very costly exercise.
For this and many other reasons, it is always
advisable to seek sound legal advice before
completing any Will.
At the same, consider all the likely possibilities
that may arise in the future and ensure that the
best possible safeguards are taken at the outset.
This is more relevant than most people recognise
as, after all, it is your appointed Executors who
would be confronted with any claim arising in the
Administration of your Estate!
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