Q&As

An elderly widower wants to leave their estate to their grandchildren and their sister, but nothing to their adult children who are financially secure. Could the adult children make an application under the Inheritance (Provision for Family and Dependants) Act 1975 and what measures might the testator take to avoid such an application?

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Published on LexisPSL on 19/06/2019

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • An elderly widower wants to leave their estate to their grandchildren and their sister, but nothing to their adult children who are financially secure. Could the adult children make an application under the Inheritance (Provision for Family and Dependants) Act 1975 and what measures might the testator take to avoid such an application?

The conditions for bringing a family provision claim are set out in section 1 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975).

A child of the deceased is an eligible claimant under I(PFD)A 1975, s 1(1)(c). The definition of a child includes an adult and/or married child. See Re Jackson (deceased); Ilott v Mitson and Re Hancock (deceased)<. Nevertheless, claims by adult children are often difficult to bring and the outcome is likely to be fact-specific and unpredictable.<

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