Will Disputes Increase

Disputes concerning wills and inheritances are increasing. Figures show that in 2006 there were 83 high court cases involving will disputes. In 2007, the last year for which figures are available, there were 228. Wills can be challenged on two grounds: • Either the person making the will was not mentally competent, or • The person making the will was unduly influenced by someone else when the will was written. Therefore to avoid disputes, it is important to ensure your will is drawn up properly and that it can be shown you were not under any undue influence. Certain circumstances can invalidate a named beneficiary, someone due to inherit under the terms of a will, so they will not inherit:- • If the beneficiary is one of the witnesses to the will, that beneficiary will receive nothing; • A spouse or civil partner of the person making the will normally is no longer a beneficiary if they divorce or dissolve their civil partnership, unless the will has made allowance for this. If the couple separate but do not divorce, the spouse or civil partner will still inherit; • If a beneficiary dies before the person making the will, then any inheritance stops, unless the will allowed for this by e.g. passing their share to their children or to a favoured charity; • If the will states the beneficiary should receive a particular asset that is no longer part of the estate, e.g. sold before the death of person making the will. The beneficiary is not entitled to a substitute or compensatory sum to the value of the original asset. To avoid disputes, it is important that your will is kept up to date and allows for circumstances that might leave someone who was expecting to inherit no longer able to inherit. A claim against the estate of a deceased person can be brought under the Inheritance (Provision for Family and Dependants) Act 1975 where a spouse or child (or person treated as a child and maintained by the deceased) was financially dependent on the deceased. Generally people able to make such a claim are:- • The deceased’s spouse or civil partner; • Anyone who lived with the deceased as if a spouse for at least two years; • A former spouse who did not have a clean break financial settlement as part of the divorce and who has not remarried; • A child or anyone who was treated as a child of the family, eg step-children, children from a former marriage; • Anyone who was being financially maintained by the deceased. The best way of avoiding disputes is to take legal advice when making a will. Lawson-West’s solicitors will explain any potential consequences of how you want to make a will in a jargon-free way so that you can make sure your will does not create disputes. We can also draw up a Letter of Wishes to go with the will that explain why you decided to make arrangements in your will the way you have, eg if you have two children and decide to leave a smaller sum of money to the wealthier child or if one of your children has health problems and you want to leave more money to them. Please call Lawson-West on 01858 445480 now to make an appointment or complete one of the on-line enquiry forms. You can make an appointment at any of our branches in Market Harborough, Wigston or on Uppingham Road in Leicester. We can also arrange a home or hospital visit if you are unable to attend any of our offices due to your ill health.