In the UK, probate disputes have risen by 37% in the last decade. Many individuals have challenged and disputed a Will due to believing they are entitled or financially relying on the inheritance. Challenging a Will can be one of the most emotionally charged and legally complex experiences a family can face.
Why Are There Family Disputes
With probate disputes rising 37% over the past decade, economic pressures and modern families contribute to the growing number of probate conflicts.
- Complex family trees: Prioritising spouses, and blood relatives. While cohabiting partners and stepchildren can be left out of Wills and intestacy laws.
- Entitlement: Individuals can be expecting or relying on to inherit from the estate, which can leave them feeling it is unfair and cause tension between family.
- Outdated Will: A Will can exist but can suffer from being outdated and vague. Modern families can have estranged siblings and second marriages which can cause probate disputes.
How to Prevent Family Disputes Over Inheritance
Disputes between family can prolong the probate process causing more financial and emotional stress. Here are some steps to avoid future conflicts:
- Write a clear Will: Writing and regularly reviewing your Will can align with your wishes and how you’d like your assets to be distributed. Without a Will your estate will be divided by the laws of intestacy.
- Keeping Wills up to date: Updating your Will is crucial after big life events including marriage, divorce or births.
- Communicate intentions early: Discussing your estate plans with family members in advanced to manage expectations. This allows them to raise questions or concerns about your choices. Communicating your wishes in advance can enable you to explain your reasons and help beneficiaries to understand your decisions and avoid family disputes in the future.
- Appointing a neutral executor: By selecting a trusted professional or neutral third party can help avoid bias and follow your wishes in administering your estate.
Final Thoughts
The rise of family disputes suggests that families need to communicate early and transparently when estate planning. It’s important that family members are aware and understand the deceased’s decisions. If you find yourself in a situation where a Will does not reflect the deceased’s intentions or appears invalid, seek guidance from a qualified Solicitor to navigate working towards a resolution. For more articles like this, please read our other blogs.
