When actor Michael Gambon passed away in September 2023, he left an unusual family situation behind.
He had been married to his wife Anne Miller since 1962, and they had one son together. However, he was also involved in a long-term relationship with Philippa Hart, who he had two children with.
In his will, he specified that his wife and their son Fergus would inherit most of his £1.5 million fortune. Yet, Hart received nothing, and her two sons only received £10,000 each.
This story demonstrates that you can’t always tell how somebody will choose to divide their estate. Just as Gambon disinherited his long-term partner, a close family member could unexpectedly leave you out of their will.
Yet, that doesn’t necessarily mean you won’t inherit anything. This is because, in some circumstances, you might be able to contest the will if you don’t believe that the deceased made “reasonable financial provision” for you.
Read on to learn what reasonable financial provision means and how you could claim it if you’re left out of a will.
The deceased must make reasonable financial provision for anybody that is dependent on them in some way
If you’re financially dependent on another person for any reason, they have an obligation to make reasonable financial provision for you. In other words, they must leave enough wealth so that you don’t have to make significant sacrifices to your lifestyle and won’t face financial difficulties.
If they don’t do this, you might be protected by the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain people to contest a will.
Generally, you can challenge a decision in a will on the grounds of reasonable financial provision if you were:
- A spouse or civil partner of the deceased
- An ex-spouse or civil partner of the deceased, provided you haven’t remarried or entered into another civil partnership
- A child of the deceased (this includes step-children, adopted children, and foster children)
- Living with the deceased for at least two years before they died
- Partly or entirely financially maintained by the deceased.
You may be able to argue that the deceased didn’t make reasonable financial provision if you were:
- Left out of the will altogether
- Given a small amount that doesn’t meet your needs.
Additionally, if the deceased didn’t make a will at all, and their estate is divided according to the rules of intestacy, you could be disinherited. You may also be able to contest this decision on the grounds of reasonable financial provision.
The courts will decide whether you qualify for reasonable financial provision
If you believe that you’ve been unfairly excluded from a will, or the deceased didn’t leave an adequate portion of their estate to you, it may be beneficial to seek legal advice. If you decide to contest the will, you may be able to discuss and come to an arrangement with the executors of the estate.
However, if you can’t agree, you may need to go to court. You must formally contest the will within six months after a “grant of representation” is issued. This is a legal document giving the executor the power to deal with the estate.
The courts will then decide whether you qualify for reasonable financial provision.
Each case is unique, but a judge will normally consider:
- Your current financial position and your needs now and in the future
- The financial needs of other beneficiaries
- The obligations that the deceased had towards you and other beneficiaries
- The size of the deceased’s estate.
Additionally, if the deceased left a note in their will to explain their decision to exclude somebody, the courts will take their reasoning into account.
You may receive a lump sum or regular payments to cover your expenses
Depending on the situation, the court may rule against you. In this instance, you likely won’t receive any inheritance from the deceased’s estate.
However, if the court rules in your favour, they could make various judgments. You could receive:
- A single lump sum
- Regular payments for living expenses
- Property
- A trust in your name.
The courts will decide on the amount that you receive based on your needs and the contributions that the deceased made to your finances when they were alive.
A comprehensive estate plan could prevent will disputes in the future
In some cases, a loved one may deliberately leave you out of a will. However, disputes could also arise due to poor estate planning.
For instance, if somebody divorces and remarries, they might fail to create a new will, meaning much of their estate transfers to their current spouse when they pass away. Yet, this could mean that children from a previous marriage or civil partnership are disinherited.
Alternatively, the deceased might not have a will at all. In this case, their estate is divided according to the rules of intestacy and certain family members may not benefit.
If this happens, you may need to contest the will and claim reasonable financial provision.
Fortunately, you could potentially avoid will disputes by creating a comprehensive estate plan now. It could also be worth including a “letter of wishes” with your will. This explains the decisions you make in your will and could prevent any of your beneficiaries from contesting your wishes.
You may benefit from having discussions about legacy planning with your family, and seeking professional advice to ensure that everybody is treated fairly.
Get in touch
We can help you and your family create an estate plan.
Please give us a call on 01276 855717 or email info@braywealth.com today.
Please note
This article is for general information only and does not constitute advice. The information is aimed at retail clients only.
Will writing is offered on a referral basis. The Openwork Partnership accept no responsibility for this aspect of our business. Wills are not regulated by the Financial Conduct Authority.
Approved by the Openwork Partnership on 01/08/2024.
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