Property, Dementia And Modern Lifestyles Contribute to High Number Of Will Disputes

There were more than 12,000 will disputes in 2016 according to figures from the government’s probate register.

Paula Myers, a partner specialising in will, trust and estate disputes at Irwin Mitchell Private Wealth, said: “Losing a loved one is one of the most difficult things anybody has to go through and the grieving process can be made even more difficult when there is a dispute over a Will.

“Most disputes are brought under the Inheritance Act because people feel that they have not been appropriately provided for in a loved one’s will. This doesn’t necessarily have to be a family member or spouse but it must be someone who lived with them or who was financially supported by them.

“The recent case of Illot v the Blue Cross and others considered what was deemed as reasonable provision in these cases in terms of what the person challenging the will is asking for. This case also confirmed that the courts will not necessarily re-write wills and have over large sums of case or property, but the general trend is towards giving claimants a life-share of property which satisfies their needs and is considered a reasonable provision.

“Modern families are often much more complicated with 2nd and 3rd marriages commonplace and cohabitation being more popular and with property values increasing rapidly over the past 20 years estates are now much larger than they were decades ago meaning a larger pot for people to fight over. There has also been a trend for families to live further apart than in the past and this can lead to those that are not particularly close-knit being more inclined to challenge each other. If Wills are not kept up to date then assets are not always split how the deceased would have intended.

“There are also often disputes between family members when no will has been made at all – and most research suggests that around half of adults still do not have a Will. The Intestacy laws then apply but these do not necessary look at who needs to be provided for and some people who qualify for a reasonable provision may be left out.

“There may also be disputes because of allegations that a person making a Will has been the subject of undue influence and did not have capacity to make the decisions they have supposedly made. This can particularly cause issues with those who have dementia who can sometimes be the target of financial abuse by their carers or even family members.

“Our advice is to ensure that you have a legally valid will setting out not just how you wish to share your assets but an explanation of why can help too. It needs to be regularly reviewed and updated, especially after any major life event such as marriage, divorce or having children, and although it may be a difficult conversation, it can help to discuss your Will with those affected so they understand your decisions.”

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