Tamasin Perkins writes in IFA Magazine about the limits of “challenge-proof” wills

Growing numbers of inheritance disputes are highlighting the limits of testamentary freedom in England and Wales, despite the widespread perception that individuals are free to leave their estate to whomever they choose. Marking the 50th anniversary of the Inheritance (Provision for Family and Dependants) Act 1975, how has this legislation evolved into one of the most significant checks on succession planning, and how will it continue to reshape expectations around inheritance?

The Act enables spouses, civil partners, cohabitees, children and financial dependants to challenge a will where they believe they have not received reasonable financial provision. Although many individuals take steps to make their wishes “challenge-proof”, such as lifetime gifting, obtaining medical evidence of testamentary capacity, or careful drafting, these measures do not prevent the courts from exercising their discretion under the Act.

The courts will consider a range of factors when assessing a claim, including the financial circumstances of the claimant, the size of the estate and the obligations owed by the deceased. As family structures continue to evolve, in part as families navigate the nuances of the inter-generational wealth transfer, the Act has adapted to recognise a broader range of relationships and dependencies. This has contributed to a rise in claims and contentious probate disputes.

There is no guaranteed way to eliminate the risk of a claim under the 1975 Act. Instead, individuals should recognise that, regardless of how carefully a will is prepared, the courts retain significant powers to intervene where they consider reasonable financial provision has not been made.

Tamasin Perkins, Partner in our Private Wealth Disputes team, writes in IFA Magazine:

There is no guaranteed way to prevent a claim under the 1975 Act. Many people assume that careful drafting, lifetime gifting, a report confirming mental capacity, or a written explanation as to why a family member has been excluded will be enough to insulate an estate from challenge. While these steps may assist in certain circumstances, they are not determinative.

Read the full article in IFA Magazine here.