What is the Family Provision Act 1975?

The Family Provision Act 1975 is legislation in the UK that allows certain family members to contest a will if they believe they have not been adequately provided for, ensuring that dependants can claim reasonable financial support from the deceased's estate.

Who has the right to contest a will under UK law?

In the UK, individuals such as spouses, civil partners, children, and, in some cases, dependants or those who were financially reliant on the deceased may contest a will under the Family Provision Act 1975.

What are some modern legislative changes affecting will disputes?

Recent legislative changes, such as the Inheritance and Trustees’ Powers Act 2014, have impacted will disputes by clarifying issues related to the distribution of estates and the powers of trustees, enhancing the rights of beneficiaries and simplifying legal processes.

What was the significance of the case Ilott v The Blue Cross?

The case of Ilott v The Blue Cross is a landmark decision that highlighted the court's discretion under the Family Provision Act 1975, affirming that judges can consider the circumstances of claimants and adjust inheritances even when wills clearly express the deceased's wishes.

How can one prepare a will to minimise the chances of disputes?

To minimise the chances of disputes, it is advisable to make a clear, legally valid will, communicate your wishes to your family, and consider providing for all potential claimants, particularly dependants who might contest the will under the Family Provision Act.

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