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Chapter CG30280

Document Cited authorities 1 Cited in Related
Vincent
Published date12 March 2016
Record NumberCG30280
CourtHM Revenue & Customs
IssuerHM Revenue & Customs

Sometimes people are aggrieved by the way an estate is to devolve. For example a parent may have left a will disinheriting one or more of his or her children or an elderly patient in a nursing home may have left all the estate to the owner of the nursing home and none to his or her family.

Even in intestacies problems can arise. For example, a married couple J and K executed wills leaving their estate to each other or, if the other was already dead, to their children. J died and their assets passed to K who later remarried to L. The remarriage automatically cancelled K’swill. On K’s death the rules of intestacy applied to pass the majority of K’s assets to L, including those assets that came originally from J. J and K’s children felt aggrieved.

The aggrieved persons may decide to challenge the devolution of the estate. They may press the legatee who is due to receive the estate to enter into a deed of variation. If this approach is not successful they may commence court proceedings. If they are close family members or dependants of the deceased they may bring proceedings under the Inheritance (Provision for Family and Dependants) Act...

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