THE IMPACT OF DISOWNING A FAMILY MEMBER BEFORE DEATH

Will Writing Services SurreyIn the 2014 case of Wright -v- Waters, Mrs Waters died in 2010 leaving a son and daughter.  Her will left the majority of her estate to her son and nothing to her daughter.  At the time of making her will, Mrs Waters wrote a letter setting out the reasons for excluding her daughter.
Mrs Waters and her daughter had had a dispute about money and a subsequent falling out which led her daughter to write to her mother disowning her.  Following Mrs Water’s death, her daughter made a claim against her estate under the Inheritance (Provision for Family and Dependants) Act 1975.  This Act enables certain family members and dependants to contest a will where they feel reasonable financial provision has not been made.  In this case the Judge rejected the daughter’s claim as her conduct outweighed all the factors of her claim.
This case reinforces the importance of obtaining professional advice when drafting your will, particularly if you are not making provision for your family.  Although you cannot stop somebody from contesting your will there are certain things you can do to reduce the chances of them succeeding.  Naomi Turner is able to provide professional advice in such a situation.