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Legal News | 27.02.25

Beneficiaries: who?

In England and Wales, you have testamentary freedom which allows you to choose, in your will, to whom you leave your assets when you die.

Whilst you may have testamentary freedom, it is also important to consider whether anyone in your life may have a claim over your estate.  There are a number of categories of people who may be entitled to make a claim if you exclude or do not provide sufficiently for them in your will, including:

  1. spouses or civil partners;
  2. former spouses or civil partners who have not remarried or formed a new civil partnership;
  3. children (including adopted children and children who were treated as children of the family); and
  4. individuals who are financially dependent on you, including cohabitees or persons maintained by you.

If a potential claimant believes they have not received reasonable financial provision under your will, they may make a claim against your estate for further financial provision.  Careful estate planning can minimise and mitigate the risk of such claims.

For advice about how you can benefit the people and organisations that are important to you, contact the Private Client Team at Wansbroughs.

 

Posted By Our Wills, Tax, Trusts & Probate Team