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