Domicile changes under Inheritance Act target expats

Changes to the Inheritance (Provision for Family and Dependants) Act 1975 could make life difficult for expatriates who are trying to prevent close family members from inheriting.

The Telegraph reported that government proposals under the Intestacy and Family Provision Claims on Death white paper could remove the pre-condition in the Act that the deceased died domiciled in England and Wales.

This means that an application under the 1975 Act is possible in any case where English domestic succession law applies to any part of the state.

Previously, to make a claim under the Act it was a requirement that the deceased died domiciled in England and Wales.

If the proposals come into effect, even if part of an estate passes under English law a claim will be possible.

In addition to causing debates as to whether English law applies, an expatriate with UK assets will need to be vigilant during the will writing process if he wants to exclude his close family in probate.

Under English law, leaving a memorandum with a will may help to prevent challenges of probate and defend will provisions if probate disputes are taken to court.

Published by Phil Hammond