You may have seen the news about the lady who chose to disinherit her daughter in favour of a few animal charities, and the various comments about the apparent new powers of the courts to overturn the wishes of a person in their will. These powers have in fact been available to the courts since the landmark case of Banks v Goodfellow in 1870 where the judge ruled that a person writing their Will must comprehend and appreciate the claims to which he (or she) ought to give effect. In 1975 by act of parliament, a will can be contested if the claimant could show that the will had not made reasonable financial provision for the claimant.
The UK probably still has one of the greatest freedoms relating to how you want to dispose of your wealth in your will, and certainly more than in many European countries where one is forced to leave one's assets to one's children. If you do not wish to leave your assets to your children, then you need to think very hard about why this is, and whether the children might have a claim on the estate; after all, if anyone makes a claim on the estate, lawyers will almost certainly become involved, and that will in turn almost certainly involve costs on the estate.
As a Willwriter, it is my duty to make sure that the person making the will is aware of the implications of what they are doing and the ways to make sure that their wishes are met without a claim on their estate. This will include making sure that the will makes reasonable financial provision for a claimant. If you need advice on any of these matters, give me a call on 07917753582 or email me at Michael@MK-Willwriters.co.uk.