Lasting Power of Attorney
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Landmark case for contesting a Will.
The Court of Appeal has decided in favour of a woman who was not included in her late mothers Will, a ruling that may change the details needed when constructing a Will.
The court of appeal awarded £164,000 to the claimant as it ruled that her mother had not made provision for her daughter, the Will left all of the estate to animal charities, with which the deceased did not have a proven relationship, but the Will did have a letter explaining that the daughter should not receive any money as she had left the family home some 40 years earlier with the deceased partner, who she still lives with today.
The court of appeals ruling could significantly weaken an individual's right to leave money to whom ever they want, that does seem mad, but it's all in the detail.
I would suggest that at this stage the ruling applies to children but as a best practice it should be viewed as close relatives and partners.
A person can still disinherit their children but will need to explain why they have done so and what connection they have with the recipient.
The ruling will make challenging a Will easier by way of reasonable provision, and re-enforces the need to have your Will reviewed on a regular basis.
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