Complicated family structures lead to an increase in disputed Wills.
Ben Marsden, 11th March, 2024
In the last twelve months, our specialist team has seen a marked increase in enquiries from individuals and families wishing to dispute a Will following the death of a loved one.
It is far more common nowadays for people to have multiple marriages or cohabitations as well as having children with multiple partners over an extended period. Add in the increase in the value of an average estate due to factors such as property prices, and a relatively generous inheritance tax nil rate band threshold of £325,000 (which has remained static for the last 15 years), and you have the perfect storm for people seeking to make claims.
We’re receiving more and more enquiries from surviving relatives as a result of these factors. Children and/or partners from the most recent relationship bringing claims is a common one. They tend to get missed out simply because a Will is unclear and/or hasn’t been updated to reflect the current wishes of the deceased. In many cases, they rely on the deceased to provide a home and a reasonable standard of living. Unfortunately, these things are not always dealt with amicably amongst surviving family members and that’s where we can help. Whether it be bringing a claim or defending a claim, we have the specialist expertise available to get you the best possible outcome.
Prevention is better than a cure
To avoid such issues, we always recommend that our clients maintain an up-to-date Will. Unfortunately, this advice is not always heeded. A Will update is relatively quick and cost-effective to accomplish. Absolute clarity is important too, so I’d always recommend a review with an experienced law firm whenever your circumstances or your wishes may change.
Need help with any of the areas covered in this article?
If you want to dispute a will, you need to act quickly and seek legal advice from a professional who specialises in this complex area. There are strict time limits for making a claim, depending on the type of grounds you are relying on. If you are the one defending a Will, decisive action at the outset can lead to a much better outcome.
Contact the author, Ben Marsden or a member of our Wills and Estate Disputes team today on 01482 324252 or bem@gosschalks.co.uk
Further Reading...
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