Family disputes are amongst the most bitter that ever come to court and, unless handled with great care, positions can become entrenched rapidly, which only worsens the situation in terms of the acrimony created and the costs incurred.
Nowhere is this more obvious than in arguments over estates.
There are three main types of disputes which arise.
Disputed Wills
There are an increasing number of disputes concerning whether wills are valid or not. If a will is not valid, then the division of the estate will be governed by the provision of the last valid will, or, if there isn’t a valid will, by the rules of Intestacy.
Under intestacy the division of the estate may well be very different from anything that was intended: for example, under intestacy, the surviving spouse or civil partner of a deceased person will only inherit all of their estate outright if it is £250,000 or less if there are children.
You can see the intestacy rules here.
One other aspect of the intestacy regime is that being prescriptive, it can completely undermine any attempt at family wealth preservation and Inheritance Tax planning. In principle, intestacy is to be avoided at all costs.
Will disputes are best prevented. To do so, a number of simple rules must be followed and, in addition, the person making the will must have the ‘mental capacity’ to create it. This means, in simple terms, that they must understand the contents of the will and its effects and approve of them.
In practice, provided the will is prepared by a solicitor and there is evidence that the person giving instructions for the will has mental capacity (the evidence of an experienced solicitor is powerful in this context), which may need specialist assessment, then the probability of a successful challenge is small.
Selachii has deep experience in the preparation of wills and estate planning. We can ensure that the prospect of a challenge to your will is minimised and arrange for specialist assessment to evaluate mental capacity if this is a potential issue.
Case study
When a woman left all but £10,000 of her estate of more than £500,000 to her son, her daughter claimed that she lacked mental capacity to draw up her final will. Having failed to take professional advice when making it, the issue of her competence was only decided after a contested court hearing, which could probably have been avoided had a solicitor’s advice been sought at the outset.
Inheritance disputes.
More common than attacks on the validity of a will are disputes about the precise terms of the will, or sometimes amendments made to a will, which lead to inheritance disputes, when the division of the estate is not as expected by one or more people who expect to be beneficiaries under it.
Inheritance disputes are especially common where a will is changed in the last few years or months before death and a challenge will often be based on the allegation that someone close to the deceased had ‘undue influence’ over them or that they should be provided for either because they were promised they would be (whether out of love or an obligation for services rendered, such as is common in arguments about the inheritance of agricultural land) or the challenge is based on the Inheritance (Provision for Familyand Dependants) Act 1975, which allows people who are dependent on the deceased person and who have a reasonable expectation of benefiting under their will to apply to the court for provision to be made.
Disputes over inheritances are legion. With appropriate professional assistance, the probability of a successful challenge based on undue influence can be minimised and Selachii’s extensive experience in dispute resolution will prove invaluable should you face this sort of dispute.
Probate Disputes and Executor Disputes
A further class of disputes come about when the beneficiaries oppose the appointment of an executor or have a dispute with the way that the estate is dealt with.
These can arise because the executor is, or becomes unsuitable for a whole variety of possible reason, or that the way the estate administration is being run is not in the best interests of the beneficiaries.
These types of disputes are generally best to get into early and to mediate if possible, as they can escalate easily and can become very complex. Selachii’s experience in managing this sort of dispute may prove invaluable if you are facing serious issues over the administration of an estate or the behaviour of the executor(s).
How Selachii Can Help
Selachii is a dynamic litigation law firm based in Kensington, London. We put the best interests of our clients at the heart of everything we do. We work with both businesses and private individuals, giving them legal advice and support which is unique to them and their situation.
We don’t believe in simply handing out one-size-fits-all solutions to problems. We will focus on your specific circumstances before working out the best and most cost-effective way of helping you achieve your aims.
If you or a family member need to make a will, we can help you ensure that the likelihood of a successful challenge to it is minimised. If you want to contest a will or are unhappy with the conduct of the executor(s) of a will of which you are beneficiary, our intervention can help you to achieve an equitable result.
