Dealing with the death of a loved one is difficult enough, without having the added stress of an inheritance dispute and potential court proceedings to resolve it.
Cheltenham-based wills, trusts and probate experts, Willans LLP solicitors, share five ways families can avoid these often lengthy and emotionally taxing disputes, so they can concentrate on what's important at these difficult times.
Make a will
The most important part seems self-explanatory, but many people aren't aware of how important it is to make a will in the first place. Without a valid will, the deceased's estate will be subject to intestacy rules, where the estate will be distributed based on the law, not your loved one's wishes.
Many people assume their closest loved ones will be the ones who inherit, but this isn't always the case – and not having a will can lead to disputes not just over who inherits what, but how the estate is administered and who is responsible for it, too.
Inheritance and trusts disputes partner at Willans, Claire Cox, said: 'The fact that over half of the population don’t have a will (according to research) is quite staggering, but many people simply don’t want to think or talk about death. Nonetheless, proper estate planning and updating a will regularly not only reduces the likelihood of a dispute, but it can also save huge amounts in tax and give family members peace of mind that their affairs are in order.'
Don't do it yourself
DIY wills may feel like an appealing way to go, as it's easy to do and there's no cost involved, but this can often lead to disputes over validity, as homemade wills can be rendered invalid if the document is not properly signed and witnessed.
Having a solicitor present means that it is documented that the deceased knew and approved what was in the will, had mental capacity and was not influenced.
Laura Stone, a partner in the wills, trusts and probate team at Willans, said: 'Avoid the temptation to prepare a DIY will to save costs. If a solicitor is not present to document that the deceased knew and approved the contents of the will, that they weren’t influenced and had mental capacity, these types of wills are often easier to contest – and it is harder to defend a claim against them. In larger estates, it can also mean that potential tax savings are not utilised and in the long run, DIY wills can cost the estate far more money.'
Avoid undue influence
One of the most important aspects of preparing or updating a will is ensuring that the individual is not under the influence of others.
Disputes can arise when family members believe the deceased was under undue influence when preparing their will — especially when someone has been left out and is hurt by discovering the deceased's wishes, on top of their grief.
Having a solicitor prepare the will ensures that the testator is interviewed alone and this fact is documented, so disputes based on undue influence are far less likely.
Update your will when changes happen
When major life events happen, like getting married or divorced; having or adopting children; or buying a home, it's wise to update your will to reflect your current situation and wishes for your estate. Thorough estate planning and keeping your will up-to-date not only helps to reduce the likelihood of a dispute, it can also save large amounts in tax, so there are benefits all round.
It's important to destroy old wills to prevent any confusion, as the most recent will revokes any previous versions made.
But be aware that leaving someone out of your will doesn't necessarily mean they won't inherit. Anyone who was financially dependent on the deceased may be eligible to claim under the Inheritance Act 1975, if reasonable financial provisions are not made.
Take extra care in blended families
Currently, there is no provision for blended families or cohabiting partners under intestacy law in England, Wales and Scotland — so if you're unmarried, even if you live with your partner, or have stepchildren who you treat as your own, there's no guarantee your partner or stepchildren will inherit anything from your estate unless you make a will.
Inheritance disputes often arise when there are no provisions made for family members who feel they should have inherited, such as spouses who are separated but not divorced. Issues can also arise when parents remarry and leave their estates to each other, so the first parent's estate is eventually inherited by their stepchildren, instead of their biological children, on the death of the second parent.
Claire said: 'If you are part of a blended family, it is even more important to have a valid will, as the intestacy laws in England, Wales, and Scotland do not recognise stepchildren or cohabiting partners. Individuals wishing to leave their estate to these loved ones must ensure they have a valid and current will in place.'
For more information, or to speak to one of Willans' Legal 500-rated inheritance and trusts disputes team, visit willans.co.uk.
