The freedom to choose how you want to leave assets on death is perhaps not as unfettered as you think…

Whilst maybe not the most usual example of the claims financially dependent individuals can bring against an estate, the Marquess of Bath's estate is a colourful one which serves as a lesson to take steps before death to address potential claims. Under the Inheritance (Provision for Family and Dependents) Act 1975, certain individuals can bring a claim against an estate if they can show that they are not sufficiently provided for. The 1975 Act was thrust into the public eye recently in the Illot case (where an estranged daughter successfully argued for a slice of her mother's estate which had been left wholly to charities under the Will). The impact of the 1975 Act is particularly pertinent where there are, as for the Marquess of Bath, individuals who are provided for financially during lifetime but are written out under the Will. Even if a full commercial agreement dealing with the issue during life isn't appropriate, it is vital to record the reasons why the particular individuals are being excluded from benefit to give the best chance of a robust defence to any challenge if and when it comes.