So long as somebody has the mental capacity to make a Will and the formal requirements for making one have been complied with, a person has the freedom to dispose of their estate as they wish on their death.

However, the Inheritance (Provisions for Family and Dependants) Act 1975 (IPFDA) allows somebody’s dependants to make a claim on their estate if they do not believe that they have been sufficiently provided for by the Will. The categories of people who can make a claim are as follows:-

1. Spouse (including civil partner)
2. Former spouse or civil partner (who has not re-married or entered into a new Civil Partnership)
3. Cohabitant (for the last two or more years)
4. Children (including adopted and non-marital children as well as those treated as children of the family)
5. Anybody else who was financially dependent on the person who has died

As part of the process of making a Will with Kiteleys, we will help identify if anybody might be able to make a claim on your estate under the IPFDA. If you believe a claim might be made, but you do not wish to make provision for the potential claimant in your Will, you can leave a memorandum explaining why no provision was made (so long as your reasons are not unreasonable!).