Disinheritance — English Style

For an interesting discussion of the English approach to disinheritance, see Sally Hamilton, With the best will in the world . . ., The Observer, April 29, 2007.

Here are a few excerpts from the article:

Wills can be challenged in court by disappointed would-be beneficiaries, and they can be declared invalid for a host of reasons – not least ‘undue influence’ or if the will writer was not of sound mind. Even inappropriate use of legal ‘gobbledegook’ or loss of the original copy are reasons for a will to be declared invalid. The most cunning plans to disinherit can fail if it can be argued that you have ignored your ‘moral obligations’ to family members. The result could be changes to your will and even an ugly family feud. * * *

There are five main ways for a will to be challenged, with additional rights available under the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain people to be given ‘reasonable provision’ from a will.

Ms. Hamilton then lists these reasons as follows:

• Forgery or fraud
• Undue influence
• Testamentary capacity
• Knowledge and approval
• Due execution

In addition:

Certain people omitted from a will – known as ‘disappointed beneficiaries’ – can make a claim under the Inheritance Act 1975, which says everyone has a moral obligation to look after a spouse, children or other dependants that they have supported in some way for at least two years before their death. In some circumstances, this can include mistresses.