Will-makers should put their affairs in order early, says Paul Grimwood
Last year’s television series Can’t take it with you, starring Sir Gerry Robinson, was compulsory viewing in my household. The premise of the series was that, if there was likely to be a dispute after someone’s death about the contents of their will then it was better to try to agree a “settlement”, usually involving the whole family, while the will-maker was still alive.
Of course, once the cameras had been packed up and the film makers had gone away, the will-maker was free to change their will, possibly making a new one in radically different terms. Alternatively, the good intentions of everyone concerned could have been thwarted by someone connected to the will-maker making an application under the Inheritance (Provision for Family & Dependants) Act 1975 (I(PFD)A 1975) after they have died.
Recognised applicants
The first hurdle for an applicant is to establish that they can bring themselves within one of the categories of “recognised applicants” under s 1 of I(PFD)A 1975 (as amended). If they can then prove to the court