It is always best to ensure you have a carefully drafted, and updated Will setting out what you would like to happen to your property and effects when you die. The law protects your decisions in most cases but this can provide some inflexibility in the way your estate is handled. Equally, if there is no Will, the intestacy rules can result in undesirable consequences.

Following our recent insight on the Inheritance Act and Minor Children, this insight moves onto another category of claimant under the Inheritance (Provision for Family and Dependants) Act 1975 (“Inheritance Act”) - adult children.

There are many different types of claimants under the Inheritance (Provision for Family and Dependants) Act 1975 (IPFADA).

Separation is never easy, but if you and your former partner own property together, the situation can be even more complicated.

We see many situations where the family home is owned by only one individual in a relationship. Whilst not anticipated, separation causes significant problems for the individual who has lived in the family home but has no formal legal ownership of it.

In most cases, a Grant of Probate is required for the estate to be dealt with and administered. Without the Grant of Probate, an executor will not be able to sell any property which belongs to the deceased, nor will they have the authority to deal with the estate’s assets.

The Courts remain in operation and are hearing trials and applications albeit remotely, like most of us! You will still be able to dispute a Will and issue a claim through the Courts but, for the moment, most aspects of the claim will be dealt with electronically.

The intestacy rules will take effect where an individual dies without a valid Will in place.

Can a family member who was being paid to care for a family member make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they are left out of a will?

This insight focuses on the time limit to bring an Inheritance Act claim and in what circumstances this time limit may be extended. For an explanation of an Inheritance Act claim, please click here.

If you are considering disputing a will on the grounds explained here, the first formal step is often to make a Larke v Nugus request. This insight explains more about a Larke v Nugus request.

The normal rule in litigation is that the successful party is entitled to recover its costs from the other party. The Civil Procedure rules now give courts wide discretion in controlling the amount of costs parties can recover. The rules require parties to submit a budget (i.e. breakdown) of the legal costs they expect to incur. Precedent H is the prescribed form for that budget which must be filed in the majority cases which are valued at over £25,000.