Why is the number of inheritance disputes growing?

In 2019, the Financial Times reported a 47% increase in contested wills in the High Court from 2018. Some claim that this is a result of the COVID-19 pandemic. Many have suffered financial loss, and many have died because of COVID. The value of estates has also increased because of the Stamp Duty holiday. These factors have possibly led to people looking to challenge estates to gain financial stability from an inheritance. But what are the key gateways to challenging estates?

Dying without writing a will

More people are dying intestate, meaning they have died without having a will in place. Their estate will then be distributed through the rules of intestacy. 

There are still issues with people not understanding the importance of creating a Will, and the issues that may result from the decision to not create a will. Some argue that they do not want to spend money on a will, some put off creating a will until it is too late, and some do not understand the purpose of a will at all. 

Estates that pass under the rules of intestacy can result in disputes between family members. There may be an estranged son whom the deceased had not spoken to for 30 years, who had caused long-term emotional pain to the deceased and other family members who may now benefit under the rules of intestacy. 

Although other family members know that the deceased did not want the estranged family member to benefit from his estate, under the rules of intestacy he will. This can lead to a dispute in court and could lead to high costs. Many disputes lead to the deceased’s estate being depleted by legal fees. Although a will may be costly, it ensures that your wishes are followed, and it reduces the possibility of an inheritance dispute.

Increasingly Complex Family Units

The ongoing issues resulting from those dying intestate are made more complex by the modern impacts of blended families and cohabiting couples. Family dynamics have evolved over the years so there is a rise in couples going into a relationship with children from previous relationships. 

If there is no will, or if you have not adopted your partners child as your own, then they will not benefit from your estate. The order of priority under the rules of intestacy do not take into consideration stepchildren or cohabiting couples. To ensure that a stepchild or cohabiting partner benefits from your estate, you must plan accordingly and ensure you have a will that reflects your wishes. You must also ensure that the wording of your will clearly states your stepchildren as if the wording reads “children”, this will only benefit your own biological children.

Clearly Excluding a Family member from your will

Where the deceased has made a valid will, they may have excluded a family member because of estrangement due to poor familial relations. The excluded family member may bring a claim under the Inheritance Act 1975 and argue that the deceased did not leave adequate financial provisions and that they should have inherited. 

The courts do consider several factors when deciding whether the deceased has a responsibility to provide adequate financial provisions to the excluded family member such as their current position financially, whether they have a disability, or whether they have dependents to look after. This is important to understand as this shows that there is a chance to challenge the deceased’s wishes, even where he had the capacity to create a will.

A Homemade will

A solicitor’s worst nightmare – a homemade will. Homemade wills have seen an increase in recent times as they tend to be reasonably priced and they can be made in the comfort of your own home in your own time. In recent years, many have been unable to create a will due to the COVID-19 pandemic. 

Those who did not have a will and could not see a solicitor then rely on homemade wills. However, there are endless reasons why we argue that solicitors should be instructed. Solicitors are there to ensure your will is clear, has been signed correctly, that a witness is not a beneficiary, there is no ambiguity and more. 

Making a will is a major decision as you are stating how you want your estate to be distributed in the result of your death. A solicitor can guarantee your wishes, especially if your wishes are complex. All solicitors are professionally qualified and are regulated by the Law Society. Solicitors also have experience in other useful areas when considering a will such as property and tax planning.

How Birkett Long can help?

Overall, there is a rise in inheritance disputes, and the causes of this can mostly be blamed on what has been discussed. The key point to take away from this article is the need to adequately prepare your estate by completing a will with a trusted legal professional. This will be the best option to prevent a future inheritance dispute. However, it is important to understand that there will be situations where you have completed a will and a dispute can still occur. 

If you would like to take proactive steps to prepare your estate wishes, our Will Trust and Probate team can provide advice on how to prepare your will in a way that fits your wishes. If you are looking to make or defend an inheritance dispute, our inheritance disputes team can provide specialist advice on what you can do in your position. Or you can contact me via email on [email protected].