Families can be complicated and more people are finding themselves estranged from relatives.
Given the hostility that often characterises these situations, you may have concerns that estranged relatives will attempt to claim some portion of your estate after you have gone.
In order to keep your estate in the hands of those you choose, it is important to know how to record your wishes and protect your estate.
Are estranged relatives entitled to your estate?
It is possible for some individuals, including adult children and former partners, to apply for reasonable financial provision using the Inheritance (Provision for Family and Dependants) Act 1975.
This is the case even if they have been estranged for many years.
However, the law does not give estranged relatives free rein to claim whatever part of your estate they wish.
You can explicitly exclude someone from your Will or impose limits on the amount of inheritance they receive.
A letter of wishes is likely the most effective way of mitigating the risk of estranged relatives disputing your Will.
This is a confidential document wherein you are free to detail as much information about your wishes and the reasons behind them as you feel will be beneficial.
Although a letter of wishes is not legally binding, it can be used as evidence if your Will is contested and will give executors and the courts a better understanding of your wishes.
It is also possible to prepare a formal written statement if there is a particularly sensitive case, but this should be done with professional legal support.
How should you structure your estate to protect it from estranged relatives?
Alongside a well-written Will and a letter of wishes, careful estate planning can also reduce the risk of an estranged relative launching a dispute.
If you are not confident that your wishes will be fulfilled when you are not around to enforce them, you can take measures while you are alive to reward those you love.
This may take the form of gifting, setting up trusts, or arranging life insurance policies that directly transfer wealth to your beneficiaries.
Whatever approach you take to protect your estate from estranged relatives, our team at Palmers Solicitors are here to help you.
We want the people of Essex to be confident that their wishes will be respected after they have passed.
As such, we can help you prepare your Will, plan your estate and draft any other documents that will benefit your situation. For expert support with Will writing and estate planning, speak to our team today.
