How to avoid probate getting contentious


Under the Law of England and Wales an individual has


complete testamentary freedom. This means you have the right to leave your estate to


By Caroline Cook


whomever you choose. However, under the


Inheritance (Provision for Family and Dependants)


Act 1975 (“1975 Act”), certain classes of family members and dependants can challenge a Will after the testator’s death if they feel that inadequate provision has been made for them.


Hardly a month seems to go by without a high-profile celebrity Will dispute featuring in the press, but this emphasises how common such disputes are becoming. And the issues are not particular to celebrities; they arise amongst families regardless of the size of the estate.


One recent example is the death of Sir George Martin, ‘the Fifth


Beatle’. Sir George left behind a widow (his second wife) and two children each from his first and second marriages. His estate is reportedly divided between the widow and three of his children, but his older son is excluded, and one of the children is only entitled to a minor amount. In order for a 1975 Act claim to be commenced by any of Sir


George’s children they would need to show that they have maintenance needs and the provision they have received from the estate is not reasonable to meet these. Where an individual’s children are adult and self-sufficient, their ability to use the 1975 Act is limited: just because one feels unfairly treated it does not mean one is necessarily entitled to a larger portion of the estate. This leads onto the question of how to cater in your Will


for increasingly complex family situations. Modern families are often made up of children from different relationships and there may be rational and understandable reasons for giving family members unequal entitlements. Taking advice on your options, the potential consequences of excluding a family member, and preparing a carefully worded letter of wishes detailing your actions and thought processes may help to prevent a claim. ccook@wedlakebell.com


Politics, politics, politics


Brexit headlines continue to dominate and you need to know the best way to manage your personal and business affairs until the UK’s new relationship with the EU is clear. In the last In Trust, Camilla Wallace discussed Wills and succession for UK citizens with property held in the EU. In this edition, Julia Jackson looks at the free movement of people.


By Julia Jackson In the run-up to the EU referendum much focus centred on


freedom of movement for EU nationals living in the UK and, following Donald Trump’s election, public opinion is arguably moving against free movement of people and goods. But what about those 3.6


million EU citizens living in the UK and the 1.2 million UK citizens living in the EU who have already moved? Are they merely “bargaining chips” in the Brexit divorce negotiations?


There is unlikely to be any clarity on the effect of Brexit on EU nationals living in the UK until withdrawal negotiations are underway. Given past immigration policy, a standstill clause seems likely, giving those already with permanent residence the right to retain it and setting out a defined path, for those yet to obtain it. The date of the standstill provision could be the date of the final UK exit. EU nationals living in the UK (and UK nationals in the EU) would be well advised before then to obtain evidence of their status (either as qualifying persons exercising treaty rights or permanent residents). This is particularly important for those who are self-employed where evidence of comprehensive sickness insurance could be a sticking point. Recent logistical changes have made applications somewhat easier with same day applications and a passport return service for EU nationals. UK citizens based in the EU are advised to obtain advice in the relevant member state on how best to protect their position. jjackson@wedlakebell.com


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