The changes so far
Some of the most relevant changes are:
• An ex-spouse or civil partner will no longer be able to inherit from your estate if you were divorced or separated unless your Will makes specific provision for them.
• The courts will have the power to rectify a Will where it can be established that it does not reflect the intention of the person who died. However, if the deceased has drafted their own Will, this will not be the case.
• The rule which allowed an earlier Will to be used if a Will drafted at a later point is revoked has been abolished.
• Where a person who is set to inherit from an estate dies before the person who has written the Will, their provision will go to their surviving children once the owner of the estate dies – provided the Will does not specifically state otherwise.
• Provided they have acted in good faith, there is now protection for executors, trustees and individuals involved in the administration of an estate in certain circumstances where there has been an error in the distribution of assets.
These changes have been introduced to give those who don’t have an up-to-date Will, or no Will, further protection.
The only way to truly ensure your estate goes to the people you choose in the manner of your choosing is to get professional advice on all aspects of succession and estate planning.
If you would like to find out more about writing a Will, we would always recommend that you contact a reputable solicitor.
This article has been adapted with permission from an original piece written by Sue Arrowsmith Rodger ([email protected]) from Pagan Osborne Solicitors. This article can be found here: www.paganosborne.com/news-and-events/the-answer-to-who-inherits-after-im-gone-is-getting-simpler
