Would you expect that the writing of a will which excludes certain members of your family as beneficiaries, either because they are not considered worthy or because they may be considered of sufficient financial means as to not need your generosity, would mean just that; that they would not be able to claim an inheritance in the event of your death which you had expressed?

Well, the recent case of Nahajec v Fowle 2017 EW Misc 11 CC (July 2017) suggests otherwise.  Following a claim under the Inheritance (Provision for Family and Dependants) Act 1975 an estranged daughter who had had limited contact with her father for a number of years preceding his death was awarded £30,000 by the judge.  The deceased had even written a letter, expressing his wishes that his daughter and others should be excluded as he had not had contact with them for many years and that they were of independent means.

Regardless the judge overturned the instructions citing that the claimant, was not the “prodigal daughter who has only reappeared when there is the possibility of some money to be had” but instead “a daughter who has very much regretted the absence of a relationship with her father” and had tried to maintain such a relationship. The letter expressing wishes was largely ignored as it was based upon the mistaken premise that the children were financially independent.

Whereas in countries such as France and Spain where there are forced rules of inheritance it is largely considered that the English position is one which allows us to choose our beneficiaries freely; maybe that is not quite the case. Whilst the award of £30,000 only amounted to around 11% of the net estate she was one of three excluded beneficiaries, so not insignificant.

If nothing else, it reminds us that the drawing up of a professionally written will is vital, and that we take care to word other instructions so to not contradict a Will, or indeed to place the instructions within it into contention or subject to alternative interpretation. Who’d be an executor?

Here at Richmond House we work closely with our clients’ other professional advisers, be they accountants or solicitors or indeed both.  We also look to meet with family members, especially those of our more elderly clients, so that we can assist in their collective understanding of the need for a good and up to date Will and indeed a Lasting Power of Attorney to assist when we’re unable to make our own decisions.  We look to ensure that all the parties to our client’s estates (if our clients wish it of course) understand their responsibilities both after death and before.

In many instances, we have collectively and personally been advisers to our clients for many years and have gathered a lot of knowledge that will help other family members, to assist with the now and the after, as a trusted adviser to the entire family.

Mark Ireland

Copyright Richmond House Group 2017