Q&As

A wishes the residue of their estate to pass to their grandchild B, when B turns 25. A would like to ensure that B’s mother, C (who is also A’s daughter) cannot challenge any arrangement, whether on their own behalf or on behalf of any future siblings of B. What are A’s options?

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Produced in partnership with Adam Draper of Shoosmiths
Published on LexisPSL on 31/03/2017

The following Wills & Probate Q&A Produced in partnership with Adam Draper of Shoosmiths provides comprehensive and up to date legal information covering:

  • A wishes the residue of their estate to pass to their grandchild B, when B turns 25. A would like to ensure that B’s mother, C (who is also A’s daughter) cannot challenge any arrangement, whether on their own behalf or on behalf of any future siblings of B. What are A’s options?

We have assumed for the purposes of this Q&A that A’s will is validly executed and makes no provision for C.

The law of England and Wales allows a testator to leave their estate as they wish on death. A is therefore free to leave their estate to B regardless as to whether that is considered unfair.

Claims by C or B’s siblings cannot be excluded. However prudent steps can be taken.

On A’s death, C will have a right to claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). As a child of A, C will be entitled to claim under I(PFD)A 1975, s 1(c). C’s claim as an adult child is for reasonable financial provision for their maintenance.

C’s claim will be assessed by reference to the criteria set out in I(PFD)A 1975, s 3 which includes:

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