The latest Red Kite Law legal column from the Carmarthen Journal

‘The Business Brief’ is the new column from Red Kite Law in the Carmarthen Journal.
By Dymphna Powell, solicitor, Red Kite Law
Here’s a big question for you to consider today: Inheritance claims - can you avoid them?
Courts are increasingly required to deal with disputes arising from a lack of financial provision made by a deceased person for their unmarried partners.
English Law does not provide an automatic right for a spouse or cohabitee (unmarried partner) to benefit from a deceased’s will.
However, the Inheritance (Provision for Family and Dependants) Act 1975 allows the court to make orders to give financial provision to a spouse or cohabitee, in estates distributed by either a will or intestacy (an estate administered without a will).
Intestacy is a common cause of court proceedings for financial relief by a spouse or cohabitee (the intestacy rules makes only limited statutory provision for a spouse).
A cohabitee wishing to make a claim against a deceased partner’s estate must demonstrate they have lived in the same ‘household as husband and wife’ for a period of ‘two years immediately preceding the date of death’.
If this cannot be demonstrated, then the bereaved partner is generally not eligible to make a claim under the provisions in the Act.
A cohabitee who falls foul of the two-year rule may still seek an order for financial provision, if they can demonstrate they were ‘being maintained, either wholly or in part by the deceased’ immediately before death.
Section 1(3) of the Act defines ‘being maintained’ as ‘a substantial contribution in money or money’s worth’ towards the cohabitee’s reasonable needs ‘other than for full valuable consideration’ (payment).
When an individual dies and their will fails to provide adequate financial provision for their spouse, the spouse is entitled to apply to court under the Act for an order which could override the express wishes of the deceased’s will.
The court can redistribute the estate to make fair financial provision for the surviving spouse.
The level of provision is dependent upon the size of the estate, age of the parties, length of marriage and the financial circumstances of all the beneficiaries of the estate.
This Act can alter your financial plans for your loved-ones after your days, so be aware, review and renew your will periodically.
For more information about how to do that, you can contact Dymphna Powell on 01267 239000 or email dymphna.powell@redkitelaw. co.uk.
• Dymphna Powell qualified in March 2001. Dymphna now specialises in civil litigation including professional negligence claims, chancery business, contentious probate, partnership disputes, cohabitee financial disputes under the Trusts of Land and Appointment of Trustees Act 1996 and landlord and tenant disputes. She regularly acts for a wide range of private and commercial clients in Civil Courts and Alternative Dispute Resolution forums, including mediation. Dymphna is from Carmarthen.
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