Contested Wills

WHERE THERE'S A WILL

Simple measures can be implemented to reduce the number of inheritance disputes,

A recent article highlighted two interesting issues:

A summary of this state of affairs is that necessity and greed are powerful motivators of human behaviour and death brings out the best and worst in us.

In these straitened times the rapid and relatively steep rise in inheritance disputes is getting steeper.

The Law Commission is currently reviewing the intestacy rules and its impending report and draft bill underline the fact that a more contemporary (and equitable) system for settling intestacy cases is much needed. No doubt this would help address the rising tide of inheritance disputes.

So many people just don’t make Wills and appear ignorant of what happens to their estate on intestacy. They think “it doesn’t matter because my wife will inherit everything.” In fact all the wife inherits if she survives is the first £250,000 but then the spouse will only receive a life interest in half of what is left over.

Undoubtedly the solution is to make a professional Will with a solicitor.

The act of making a Will is one that would help people adjust their perceptions of what they are entitled to on the death of a close friend or family member.

This simple step is a most important one and would reduce significantly the amount of work in contentious legal departments relative to Will or intestacy disputes.

Where a Will is made and people are faced with an accurate up to date record of the last wishes of the testator fewer people would have the grounds or appetite to contest it.

This Will measure might not prevent inheritance disputes altogether but it will undoubtedly contribute to the reduction of such disputes to more acceptable levels.

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