Cathryn Culverhouse

Blended families are increasingly common, and solicitors are advising more clients in this position on the preparation of their Wills. If you are part of a blended family, where you or your partner have children from previous relationships, consideration must be given to your estate and what happens to it after you pass away.

Making a Will is one of the most important steps you can take to protect your family and ensure your wishes are carried out after you pass away. Choosing who will act as your executor – the person (or people) responsible for administering your estate – is a key factor. Disputes between executors are on the rise so getting this decision right is vital.

Acting as an executor of a Will can be a time-consuming task that carries numerous responsibilities. It is important for a potential executor to note that if they do not fulfil, or if they breach their duties, they can face personal liability.

Where someone dies without a Will, their Estate is distributed in line with a default legal framework called the Intestacy Rules. A flowchart setting out who inherits an Estate pursuant to the Intestacy Rules is set out below.

Probate, the legal process of administering a deceased person’s estate, often involves complexities and potential disputes. One tool frequently used in such situations is a caveat. But what exactly is a caveat, and when should you consider using one?

While a validly executed Will appears to be straightforward, Inheritance and Will disputes can often arise. Concerns about the testator’s capacity will necessitate an examination of medical reports and other relevant evidence about a person’s state of mind at the time of making the Will. Cathryn Culverhouse, a partner in our Contested Wills and Estates team, discusses various Inheritance and Wills dispute scenarios, which may change the way someone’s estate is distributed.

Cathryn Culverhouse discusses claims pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (hereafter referred to as the “Inheritance Act”). This allows certain categories of individuals to make a claim for reasonable financial provision from the Estate where they have been overlooked or expected more inheritance. A claim pursuant to the Inheritance Act can be made where the Deceased’s Estate is to be administered via a Will or the Intestacy Rules.