“Think you know who your dependants are? Think again”—unexpected inheritance claims
Senior Associate Giles Hall discusses the importance of being proactive in protecting your estate from future unexpected claims.
When it comes to inheritance, many may assume they know who their ‘dependants' are—usually their current spouse, minor children, disabled children, or any family member / friend they’ve voluntarily accepted responsibility for. But the law takes a broader view, and you may be surprised to learn who could claim against your estate. Under English law, someone you may currently not consider a dependant—such as a former spouse, an adult child, or even a friend you may have supported (on a temporary basis, or so you thought!)—could be viewed as such by the courts.
Who might be considered a ‘dependant'?
The law allows certain individuals to claim ‘reasonable financial provision’ from an estate if they believe they’ve been unfairly left out—or not provided for enough. The specific law is the Inheritance (Provision for Family and Dependants) Act 1975, and it includes those you may not expect.
For example:
- Former spouses or civil partners who haven’t remarried may still be able to claim, even if you haven’t seen them in years.
- Unmarried partners who lived with you for at least two years before your death may be able to claim, even if you ran your finances independently of each other.
- Anyone you’ve financially supported, whether regularly or in small ways you did not think amounted to creating a legal tie. This could include a family friend you’ve helped out, a relative living rent-free, or even someone receiving ad-hoc financial contributions.
These scenarios often catch people off guard, and sadly, it is usually your close family members or those you specifically wished to inherit who have to deal with the aftermath following your death.
Adult children—automatic rights
Many people assume that once their children are adults, they stop counting as dependants. However, adult children—even those who are financially independent—can potentially bring a claim if they feel the will hasn’t made adequate provision for them. The courts will look at such things as their needs, the size of estate, and their relationship with you, but it’s still a source of confusion and surprise for families that this avenue remains open to adults that you have chosen not to provide for.
What does ‘reasonable provision’ really mean?
This is another point which adds a further layer of uncertainty. ‘Reasonable financial provision’ doesn’t necessarily mean equal shares, and it doesn’t necessarily mean what someone thinks they are owed. For adult children, former spouses, or those you’ve supported, it’s more about what’s necessary to meet their needs. The courts make that call by reviewing various factors, so depending on the specific case, ‘reasonable financial provision’ can vary quite a bit between estates and between different beneficiary claims.
Why does this matter to you?
Any misunderstanding about who counts as a dependant can lead to unpleasant surprises. Without the right planning, unexpected claims can cause delays, disputes, and added stress for those you leave behind. It’s important to think about anyone you’ve supported financially—even casually—and those who you share a home with.
How can our trusts estates and disputes team help?
The trusts estates and disputes team at Russell-Cooke can assist with reviewing your personal circumstances to help safeguard your estate from unexpected claims. We regularly deal with matters whereby estate planning involves stress testing the plans against potential future claims after your death, and assessing what steps can be taken to either minimise the possibility of the claim and/or prepare the relevant evidence whilst you are alive in order to help those you leave behind be better able to defend against unwanted claims.
***Please do note that the above claims specifically apply to those who die 'domiciled' in England and Wales, and that still remains the current law. 'Domicile' is a complex standalone matter which goes beyond the scope of this article, but if you have assets in England and Wales and/or regularly visit, please do get in touch and we can advise further.***
Giles Hall is an associate in the private client team.
Get in touch
If you would like to speak with a member of the team you can contact our private client solicitors; Holborn office +44 (0)20 3826 7522; Kingston office +44 (0)20 3826 7529 or Putney office +44 (0)20 3826 7515 or complete our form.
