You would be entitled to assume that your "last Will and testament" will be just that, but unfortunately for some, the provisions of a Will can be changed after death.
If you die domiciled in England and Wales, the Inheritance (Provision for Family and Dependents) Act 1975 allows certain categories of people to make a claim against an estate for reasonable financial provision, if they do not consider that the Will (or the intestacy rules) does so. A spouse or civil partner is one such potential applicant, as is a child, an ex-spouse or civil partner, anyone with whom the deceased has been living for two or more years and treated as a spouse or civil partner, anyone who the deceased treated as their child, and anyone the deceased financially maintained. So, although you have the freedom to cut out these people from your Will if you choose, the law gives them the option to make a claim after your death to share in your estate, effectively re-writing the provisions of your Will.
Sometimes, such claims, particularly in wealthy estates, hit the headlines. In a current case before the courts, the ex-wife of a millionaire professional gambler and race-horse trainer is seeking a share of the estate of her late ex-husband so as to give her "reasonable financial provision", on the basis that the award she received on divorce (£750,000) was not substantial enough. The case has been in the news because the estate (once sizeable) has, according to reports, been reduced to around £200,000 due in part to the lengthy divorce proceedings.
The case is a reminder to bear in mind potential claims when writing your Will and if possible to try to circumvent conceivable problems by communicating with the affected parties either before death or via a Letter of Wishes to be read after death.
In this article in The Times, Charmaine Hast, head of the Family Team at Wedlake Bell, and Oliver Embley, an associate in the Private Client team, explain the case and how the Inheritance (Provision for Family and Dependents) Act 1975 may end up giving an ex-wife a top-up to her divorce payment that the deceased is unlikely to have intended.
"Divorce settlement: 'Till death do us part?" - Article in The Times by Charmaine Hast and Oliver Embley
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
