We are seeing so many new enquiries in this area.
***Tip for will writers***
Take instructions from Testators in respect of any family/friends who may have a ‘moral claim’ to the estate or potential dependency, particularly where they are being left out of a will. Make a detailed attendance note with the Testator’s comments regarding this, this could help protect the estate at a later date.
Post-pandemic contentious probate claims on the rise With the worldwide pandemic and ensuing lockdowns, we have seen a marked increase in the number of claims being brought against estates and in particular, claims under the Inheritance (Provision for Families and Dependants) Act 1975. These claims involve eligible applicants who argue; they have not received reasonable financial provision from an estate or intestacy, and they need an amount for their maintenance. One type of ‘eligible applicant’ is an adult child but following the case of Ilott v Blue Cross [2017] it was for a time looking as though these types of applicants might be on the decrease. However, with the impact of the pandemic, it certainly appears these types of adult cases might be on the rise again.
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