Can family members and dependants make claims on your estate?

In England and Wales, we can leave our estate to anyone we choose under the Inheritance Act. We can also exclude anyone we don’t want to benefit. 

 

In other countries like Scotland some or all of an an estate must pass to certain family members. This is regardless of what someone says in their Will. 

 

The Inheritance Act doesn’t mean anyone has a right to a share of your estate . However, some people can argue they’re entitled to support. 

 

For someone to make a claim: 

 

The courts consider the six categories of claimant on a case-by-case basis, so there aren’t any guarantees they will succeed. 

 

A marriage or civil partnership must exist when you die for a spouse or civil partner to make a claim. If you’re separated but still married or in a civil partnership they could still make a claim. People who have had longer marriages or partnerships probably have a stronger case. 

 

If a former spouse or civil partner hasn’t remarried or entered a new partnership they might make a claim. However separated couples usually make an agreement that prevents later claims, so it’s unusual. 

 

When couples live continuously as if they’re married or partners for at least two years the survivor can make a claim. 

 

Your legitimate children, illegitimate children, adopted children and children conceived before your death might claim. Even adult children can make an application. 

 

Someone might also make a claim if you have treated them as your own child. This sometimes happens if you’re an aunt, uncle, cousin or neighbour, for example. 

 

Six - dependants 

In this category someone making a claim must show you have wholly or partly maintained them. Generally, this means you’ve provided money or equivalent support for their reasonable needs on a non-commercial basis. 

 

If a claim is successful the Court might award a lump sum, periodic payments, transfer property or a lifetime right to live in a property. 

 

You might not want people who fall into these categories to benefit from your estate when you die. If this is the case, you can write a Letter of Wishes. You can use this to explain why you have excluded someone and why other beneficiaries were chosen. This won’t prevent someone making a claim but will clarify why they weren’t included in your Will. The Court might also decide that reasonable financial provision amounts to nothing at all. The size of your estate could also affect the Court’s decision.