As dementia cases increase, house prices rise, and baby boomers with significant accumulated wealth start to pass, statistics reveal a surge in UK inheritance disputes in the past 10 years. Sweeney Miller Law's, Charlotte Cairns explores how to avoid Will disputes in the first place.
What are inheritance disputes and contested Wills?
Covered by the umbrella term ‘contentious probate’, inheritance disputes and contested Wills usually arise after a family member or relative has died and the estate is being administered. If one or more individuals have not been provided for in the Will when they expected to be or feel they have been unfairly provided for, they can make a claim against the estate.
Year-on-year data from the Ministry of Justice paints a stark picture of the state of inheritance disputes and contested Wills in the UK, with an increase of over 34% since 2017 and 140% since 2012/13.
Anyone can contest a Will if they feel they have a valid legal claim, but more often than not, Wills are contested by those who can prove that they have been financially supported by the deceased while they were alive. This includes children, current or former spouses and any other dependents.
The main grounds for contesting a Will relate to:
Lack of mental capacity.
Lack of understanding and approval of the Will by the deceased.
The deceased being under undue influence by someone else.
Forgery and fraud.
The Will not being drawn up with the correct legal requirements.
These disputes can result in expensive and drawn-out Court cases, so it is critical to understand what simple steps can be taken to avoid them.
Avoiding disputes
It is impossible to completely lock down your Will against any disputes, however, whilst each case is unique, here are some steps you can take to help avoid them:
1. Plan early ensuring that you have the requisite mental capacity when creating the Will.
2. Get professional legal help from a specialist Will writing solicitor or lawyer who can pinpoint any potential loopholes or pitfalls.
3. Consider a lump sum provision in your Will for those relatives who may have a potential Inheritance Act claim.
4. Avoid making regular payments to those you wish to leave out of your Will.
5. Write an accompanying letter to add context to your decisions.
6. Keep your family members in the loop.
7. Give charitably during your lifetime.
8. Review your Will every five years or after any significant change in your life, e.g. getting divorced/married or having a child.
When getting a legal expert to write a Will, it is also a good idea for them to advise on and help draft a Lasting Power of Attorney (LPA). An LPA is a formal legal document where you appoint one or more people (attorneys) to make decisions on your behalf if you can no longer do this yourself; for example, you become incapacitated or unwell. LPAs can be just as important as your Will to avoid disputes and expensive Court costs.
Expert advice
Commenting on the concerning inheritance dispute statistics, Charlotte said: “The number one way to avoid an inheritance dispute after your death is to ensure that the Will is written and regularly reviewed with the help of an experienced specialist. We recognise that each client’s circumstances are unique and we help you create a Will that is appropriate for you and your assets, and most importantly, that reflects your wishes.”
Speak to Sweeney Miller’s experienced Wills, Trusts and Estates team today by calling 0345 900 5401, emailing enquiries@sweeneymiller.co.uk or visiting sweeneymiller.co.uk
