A new law in the UK could make it easier to challenge the wills made by British expats.
Currently, a claim can be made only if the person died while domiciled in England or Wales.
But a new law making its way through Parliament could result in a British court being able to order provision to be made from the estate of a deceased person domiciled abroad.
The Inheritance and Trustees’ Powers Bill has already had its second reading in the Lords.
It could open up the way for any number of claims from people who have been left out of wills and feel disgruntled.
English law permits people to leave their assets to whomever they select, referred to as testamentary freedom. It differs markedly from other parts of Europe, including Portugal, France and Spain, where the law provides certain family members will receive specific portions automatically of a relative’s estate.
Even before the new law is promulgated, the number of disputes concerning wills in the UK had nearly doubled in the last six years. Such claims are commonly made by mistresses, adult children and cohabitees who claim that they should have been included in a will but weren’t.
Research has shown that only one-third of people in UK have made a will.
