Your new country and family – can excluded family still make a claim on your estate?

We all have our reasons for relocating.  Some of us have ‘itchy feet’. Others are from international, blended families.  Work may take you overseas.  You may just want to start again.  And not everyone leaves on good terms…..

With this new life often comes a new family.  International or blended famililes are becoming more commonplace.  So how will those with multiple families plan their inheritance?  You may decide to focus on your new family.  You may even wish to exclude and disinherit previous relationships.

With the recent publicity surrounding the case of a will overturned in the UK under the Inheritance (Provision for Family & Dependants) Act 1975, if you are thinking of disinheriting anyone in your will are you sure you are non-domiciled?

For a claim to be filed, it must be proven that the deceased has died domiciled in England or Wales.  The recent case of Kebben v Farmer & Ors is a case in point.  A divorced and remarried English domicile expatriated to the Gambia in 1994.  His wife at the time of his death made a claim for lack of reasonable provision by her dead husband.   The success of the case in part at least depended on the claimant being able to prove that the deceased had retained English domicile.  In this particular case it was held that in fact the deceased had died domiciled in Gambia.

Domicile is determined at death.  If you are in a contentious position and have a complicated estate or life, you need to consider taking steps now to make your intentions and legacy clear.  Wills Worldwide is happy to advise on any queries you may have.