Ministry of Justice figures have revealed that over the past five years, the number of Wills disputes reaching the courts has increased by a shocking 61%.
Disagreements after a death can be very damaging, both to family relationships, and to finances, with protracted litigation likely to place a strain on estate funds.
What is causing the increase in contentious probate cases?
Wills disputes, or contentious probate cases, can arise for a range of reasons, including:
Poorly drafted or ambiguous Wills. If a Will is not clear or mistakes are made, then family members may have differing opinions over what the deceased’s wishes were. Drafting and executing a Will is not particularly straightforward, and using online Wills templates or attempting a DIY Will is often at the base of Wills disputes.
Complex family structures. With divorce, remarriage, or living together increasingly common, families are becoming more non-traditional in structure. This can lead to complications such as ‘sideways disinheritance,’ where someone remarries and their estate passes to their new spouse or partner. That individual could then leave the money to their children from a previous relationship, leaving the children of the original partner with no inheritance.
Failure to make a Will. Where someone does not leave a Will, those left behind may not be adequately provided for, or there could be disagreements over whether someone should be supported by the deceased’s estate. Cohabiting partners inherit nothing under the rules of intestacy, so they will have to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 if they need financial support.
Increase in the value of estates. Estates are increasing in value, in part because of high property prices, meaning there is more at stake for family members to dispute. This can encourage claims. In addition, younger generations may be struggling financially, for example, unable to put down a deposit on a home, and this can encourage claims against estates.
Increase in mental capacity issues. With people living for longer, there has been an increase in issues such as dementia, which can cause concern over whether someone had the mental capacity to understand the contents of their Will. Another potential source of dispute is where someone had the opportunity to exert undue influence over the deceased, and there is a suspicion that they coerced the deceased into making the Will to their advantage.
Increased awareness of the law and the possibility of making a successful claim. People are increasingly understanding their legal rights and the options open to them, and are prepared to seek legal advice if they feel they have missed out on an inheritance that someone wanted them to have.
Avoiding Wills disputes
The best way to avoid a Wills dispute is to have your Will professionally drafted by an expert Wills solicitor. This will ensure that you have a clear, unambiguous, and legally valid document, and that it is correctly signed and witnessed.
Should a disagreement arise in the future, the solicitor will be able to provide their records to show exactly what your wishes were and your state of mind when the document was signed.
You can also discuss matters with your family ahead of time, and explain why you have chosen to leave your estate in the way that you have. Alternatively, if you don’t feel able to have this conversation now, you can put a letter with your Will explaining your decisions.
In cases where there could be a question over someone’s mental capacity, the solicitor will be able to ensure that this is addressed, for example, by obtaining a report from a mental capacity expert.
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If you would like to speak to one of our expert estate planners, ring us on 01634 353 658 or email us at rob@pembrokewillwriters.com