Disputes over the content of a deceased person’s Will are becoming more and more common. But why are we seeing such a rise?
DIY Wills
It is not uncommon for people to draft their own Wills either online or by a pre-prepared package
purchased from high street stationers. This option is often preferred as it is cheaper than instructing a professional.
These types of Wills however only cover the very basics and their interpretation alone can somewhat misunderstood. Further, without the advice or guidance from a professional, it can be disputed that the person creating the document may not fully appreciate the effect of what they are writing.
A common disadvantage of a DIY Will is the lack of consideration and paper trail showing why the Will has been drafted in such a way. If assisted by another person (i.e. a beneficiary to the Will) this could cause suspicions as to the validity of the Will.
Modern Family Relationships
The typical set up of a family has changed drastically over the years. It is more common for marriages to end in divorce and more people are entering into second marriages. This can mean that families increase in size and complexity if there are children from a previous relationship.
It is not uncommon that civil partners and spouses create what we call ‘mirror Wills’ leaving everything to each other when the first person passes away and then everything equally between children when the second person passes away. In doing this, we have seen a large number of children making a claim against the estate and against the new spouse or civil partner.
It is also crucial to understand that a mirror Will can be changed by the survivor at any point. This can lead to the late spouse’s children being excluded completely.
Estate Wealth
With the rise in the cost of living and the rise in the value of investments and property, an estate may be of a considerable value which can have a life changing impact on the beneficiaries, or to those that have been excluded.
If the value of an estate is considerably high, those looking to bring a claim against the estate may consider that the expense and risks of challenging the Will are worth pursuing.
Illnesses
A Will is only valid if the person making it has capacity to do so. If that person is vulnerable, struggling with an illness or depends on others for assistance with daily living then this can cause suspicion on how the Will was prepared.
Exposure to influence or vulnerable situations may cause a person to question the validity of the Will.
Awareness
With access to the internet and the vast amount of information available, more and more people have a general understanding on how to seek professional help when contesting a Will if they have been excluded or feel that they have not reasonably been provided for.
How Can Our Contentious Probate Solicitors Help?
Bridge McFarland LLP’s team of specialist probate dispute solicitors includes members of the Association of Contentious Trust and Probate Solicitors and the Society of Trust and Estate Practitioners. Our expertise encompasses all aspects of Wills, trusts, and inheritance disputes, and we are happy to discuss your contentious probate matter to explore ways to work towards a resolution. We understand that any dispute, regardless of its size or complexity, is stressful for everyone involved.
If you are unsure if you are eligible to raise a dispute against an estate, please speak to the team of Wills solicitors at Bridge McFarland LLP. You can call our Hull, Grimsby and Lincolnshire-based team on 0800 987 8800 or email enquiries@bmcf.co.uk
