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Testators Free To Leave Property To Anybody They Wish By Will

January 17, 2012 By Avery Associates

London probate valuation specialists Avery Associates explain how under English law, the testator is free to leave their property by will, to anybody he or she wishes, including leaving it all to charity. In a recent case, an elderly mother left her £500,000 property for equal division between two charities. She was a widow and had a daughter whom she had rarely seen since her daughter left the house at the age of 17. His daughter had known for some time she had been excluded from the will of her father. But when her father died, she made a claim against the estate. Regarding probate valuation and under the Inheritance (Family and employees, Reserve) Act of 1975, dependants of the deceased may apply for provision out of the estate on the ground that the testator did not provide adequate funding for the applicant. In deciding if to make a provision for the applicant, the court must follow certain guidelines that are included here.

The financial resources and needs of the applicant and other beneficiaries.
The deceased’s moral obligations towards the applicant and other beneficiaries.
The size of the estate
The physical or mental disability of an applicant or beneficiaries
Anything that may be relevant, including the conduct of the applicant.

The daughter, who was in her early forties, married with five children, lived in Council Housing and had been in receipt of benefits for the majority of her life. The judge granted the girl £ 50,000.The girl wanted more, and has appealed against the decision, and the charities also appealed that the daughter should not have received anything at all. On appeal, the Judge concluded that the fact that the daughter was in financial difficulties was only one of the factors he had considered. The fact that the father had made a conscious decision to omit his daughter form his will, and that the daughter had this knowledge, was also a factor. On appeal the second Judge decided that the first Judge was wrong in awarding the daughter anything from of the estate.This does not mean that it’s not possible for a dissatisfied child, or any other dependent to form a case against an estate if they have been omitted from a Will. However, if a testator has the clear intention to disinherit any person, those wishes will carry great weight. This case illustrates that to ensure that your wishes are carried out, it is extremely important to make a clear and comprehensive Will. Please feel free to contact us to make a no obligation free initial meeting to discuss your wishes or to find out more about our services.

Avery Associates offer free advice on all probate matters, and can be contacted on 0800 567 7769

Filed Under: FAQS Tagged With: beneficiaries, inheritance tax, probate judge, testators

Our House Clearance Services

We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
  • We can reinstate the gardens and maintain them whilst the property is empty.
  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

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Client Reviews

Oct 6, 2020
by Edward Harvey on Avery Associates
Probate Contents Valuation London

Dear Jeffrey, Following your recent valuations, one for the property and the other for personal belongings etc, at the property in Lower Road London... Read More

Oct 5, 2020
by Mr Wood on Avery Associates
House Clearance In Oxford

Dear Jeff. I can not thank you enough . The house clearance wen like clock work. What a great team you sent me. Mr Wood

Oct 5, 2020
by Michael Hasning on Avery Associates
House Clearance Abingdon

“Avery Associates have supported me as the Executor to my late mother’s estate. In the first instance I found their website an excellent source of information... Read More

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Avery Associates
291 Mitcham Rd
Tooting SW179JQ

Tel: 0800 567 7769 or 0208 640 0044

Services provided throughout London and the Home Counties. View our clearance case studies.


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