June 18th, 2020 / Insight posted in MKS News

The Times: Lynne Rowland’s article “Leaving a child off of a will should be a promise, not a hope”

Lynne Rowland’s article explores the reasons for a person choosing not to include a child in a will. She calls for the law to be clarified to show just how this can be done.

One consequence of families spending more time together under lockdown is a spike in couples seeking divorce. Another, perhaps in forced contemplation of our fragile mortality, is the making or reviewing of wills — including the “cutting off without a penny” of those children who, as too much enforced familiarity may reveal, we do not like that much. The current position is that a testator seeking to disinherit a child from their will cannot be sure that their wishes will be honoured, even if they are of sound mind when completing the will. This flies in the face of the freedom of testamentary disposition, long held to be a central tenet of the law in this area.

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