Families are complex at the best of times in today’s society. Even though the latest divorce rates in 2017 are at their lowest level since 1973, divorce amongst older people has increased. Also increasing, is the number of people over 50 for men and over 35 for women, who have re-married.

Having a valid will when you are separated, divorced or re-married, is incredibly important to ensure that everyone special in your life (including step children, or children from first marriages that are no longer living with) is accounted for. This also means children who you may be estranged from to.

This is why one of the first tasks we do when drawing up a will with you, is look at your complete family tree. This helps to ensure that in some capacity, everyone who is entitled to your estate is included and helps to avoid problems down the line.

Missing this step can cause a lot of heartache in the event of death. People don’t realise that a will can be contested and if it is deemed to be unlawful to people normally entitled to the person’s estate, then the wishes can be overridden and the will can be updated.

In Nahajec v Fowle [2017] EW Misc 11 (CC) an estranged child successfully claimed £30,000 from her father’s estate: despite his letter of wishes explicitly disinheriting all of his children.

The deceased had three estranged adult children, all of whom were omitted from his will. He left a letter of wishes specifically disinheriting all three, stating that they were sufficiently financially independent as to need no provision from him.

It concluded that the will did not make reasonable financial provision for the applicant who proved she was not financially independent from him, as she has limited financial resources and was claiming tax credits.

His conclusion that she was sufficiently financially independent as to require no provision from him, was incorrect.

If the deceased had made a small contribution in his will to his daughter who he knew was not financially independent as the other children, then it would have been more difficult for this to go to court and be argued she had be unjustly treated in her fathers will.

If you would like to ensure all your assets are distributed as per your wishes, head over to our Contact Us page and get in touch to book an appointment.