Walker Foster Solicitors discuss how families can avoid conflicts by effectively creating plans for their estate in the event of their death. Find out more.
A rising number of families are becoming embroiled in inheritance disputes; the cases heard by the High Court are increasing year on year and this is the tip of the iceberg, with the vast majority of disputes settling well before trial.
In this blog post, Guy Platon, a Senior Solicitor in Walker Foster’s Litigation Team, discusses the importance of planning how inheritance will be distributed in the event of passing and how this can mitigate the risks of disputes and misunderstandings between family members.
Inheritance disputes can arise when the distribution of a deceased person’s estate is contested. These disagreements typically occur among beneficiaries, family members or other parties who have an interest in the estate
In February 2024, the Guardian reported that as many as 10,000 people in England and Wales are disputing wills every year, and there is currently a year-on-year rise in inheritance disputes going before the courts. The reasons for this may well include the increase in the number of blended families, the increasing focus on intergenerational passing of wealth, escalating property values, the lack of pension provision for the younger generation, increases in life expectancy and those suffering from dementia. The latter in particular may explain the rise of will challenges on the grounds of lack of testamentary capacity or undue influence.
It is inconceivable that anyone would want their loved ones to fall out over their estate after they’ve passed away. However, it is sadly increasingly common and can only really be avoided, or at least minimised, by making plans sooner and considering legal advice at an early stage.
Estate planning, inheritance, testamentary wishes, and lifetime gifting are by their nature secretive activities and may give rise to suspicion and resentment. On top of this, there is the very understandable instinct to recoil from anything to do with post-death planning.
It is certainly worth being aware of the key issues and if there is any doubt or concern about your own situation then you can seek out our assistance.
The validity of a will is central to any inheritance dispute. A will may be contested on several grounds, including claims that the testator lacked the mental capacity or actual understanding of it, or that the will was not executed in accordance with legal requirements. It may also have been fraudulently obtained. Understanding these factors helps family members to ensure that their loved one's wishes are honoured and respected.
Family provision claims allow family members or dependents to seek a share of a deceased’s estate if they believe they have not been adequately provided for under the will or even if there wasn’t one (‘intestacy’). This may be at odds with the concept of testamentary freedom and this is perhaps why such claims are often reported in hysterical terms by the tabloid media (‘judge overturns Will in favour of ‘cleaner’”). However, such claims are based upon balancing out the needs of eligible claimants, the other beneficiaries of the estate as well as the size of the available estate and a number of other factors. This legal avenue can help resolve disputes and ensure that those left behind are taken care of, irrespective of what was in the Will and its validity.
Proprietary estoppel is a legal principle that can play a significant role in inheritance disputes. It may arise when someone has relied on a promise regarding inheritance or a gift and has relied on that promise and also acted to their detriment based on that expectation. For instance, if someone has worked on a family farm with the understanding that they would inherit it but that has not turned out to be the case. This principle helps prevent unfairness and ensures that promises made by the deceased are honoured.
Proactive estate planning, including the creation of valid wills and discussions about family provision, can help prevent disputes and provide peace of mind. Of course, if disputes do occur, at Walker Foster we have staff who specialise in these matters and we are happy to be contacted for an initial consultation.
We highly recommend that you undertake your estate planning now to avoid any potential disagreements between family members following your death. View our wills disputes service page for more information or get in touch.
In this blog, Walker Foster’s Wills and Probate Executive Cay Schofield shares her insights into the various planning arrangements, and how each of them can help to provide clarity and security for you and your family.
When clients come to us to discuss their Wills, they often express a common concern: “How can I avoid the need for a Grant of Probate? I want to make things easier for my family.”
Contesting and defending the validity of a Will is a specialist area of law referred to by lawyers as ‘contentious probate’. Contentious probate claims should not be confused with claims made pursuant to The Inheritance (Provision for Family and Dependants) Act 1975 (“the Inheritance Act”).
Over the series of the few weeks, Walker Foster shall be releasing a bite sized blog each Monday that seeks to answer some of the most commonly asked questions our litigation department are asked to advise upon in a contested ... Read More
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