Why Should You Use a Solicitor to make a Will?

175% Rise in High Court disputes over Wills and Inheritance – that’s why!

The latest figures released by the High Court Chancery Division show a huge increase in cases of disputed Wills and inheritance. 83 matters were heard in 2006 but this has risen sharply to 228 in 2007. A massive 175% increase. 

Only a small amount of cases conclude at Court, with most contentious cases reaching a settlement out of Court. So, the increase in contentious probate cases must be much, much higher.   

At Newsome Vaughan LLP we are increasingly being asked to advise individuals and families seeking to dispute relatives’ Wills. This is due to family structures becoming more complex; estates increasing in value and people generally becoming more litigious.

Family Structures

Caroline Bates, Head of Private Client, explains that “there is no such thing as a ‘normal’ family structure. Complicated relationships exist.  This means more Wills are being contested and sadly more families are falling out about Estates. Disputes arise from cohabiting couples; Spouses who have been married more than once; adoptees; stepchildren and children born outside of a traditional marriage”.

The increasing tendency for couples to live together without getting married creates many Will disputes. A cohabiting partner might claim against an Estate that does not provide for them; whilst equally, the ‘blood’ family of a deceased may object to a Will which provides for a cohabitating partner and leaves out blood relations.

Capacity Issues

At Newsome Vaughan LLP we have found the increase in Will disputes is also driven by people challenging Wills on the grounds of incapacity (that the deceased did not understand what he or she was doing). People are living to an age when their mental health may start to deteriorate. People who have not been included in a Will may believe that the deceased was not of sound mind at the time of making their Will. They may also suspect the deceased has been put under undue pressure to favour one beneficiary over another. In both cases action can be taken to have the Will set-aside.

Charitable Giving

The rise in charitable giving could also be contributing to the increase in disputes. Just as more people are leaving money to charity in their Wills, more unhappy relatives are taking action to challenge this.

Make a Will

The risk of dispute should not discourage people from making a Will. Far from it.  A Will can help clarify issues that can otherwise be contested. Furthermore, if a Will is not in place, intestacy rules apply and the Law dictates the distribution of an Estate. A professionally drafted Will is the only way to be sure money and possessions are distributed as you would wish and can save your family and friends a great deal of distress and, potentially, large legal bills when you’re gone.
Newsome Vaughan LLP recognise it is important to remind anyone who intends to leave a Will that in certain circumstances that Will could be challenged. A Will can only be challenged on the basis that it is invalid or, in limited circumstances, by certain categories of relations or by those who were financially dependant on the deceased and have not been provided for in the Will.
Caroline Bates explains “it is important to identify any potential disputes when drafting a Will.  At this point, if an individual is planning not to provide for a relative or to leave a significant portion of their Estate to a charity, a letter of wishes can be attached to the Will explaining why. Such a letter will be helpful to explain to a beneficiary why the deceased made this decision and will also be useful if the Will is challenged. Furthermore, it is part of our duty to ensure our Will-making Clients are of sound mind and are not being unduly influenced. We follow stringent procedures to ensure, as far as possible, our Wills cannot be challenged on these grounds”.

DIY Wills

As DIY Wills become increasingly popular we commonly experience problems concerning these or Wills drafted online. Unfortunately these problems do not manifest themselves until after death. Poor and unclear drafting can sometimes fail to reflect the deceased’s wishes and in some cases can be contradictory. This can lead to acrimony between various parties; particularly if they benefit in different ways depending on the interpretation of a Will. This can cause a great deal of stress at a time when emotions are already running high. Legal costs can escalate at an alarming rate when such matters are disputed.

Legal Costs

There can be large legal bills involved in resolving these cases when a simple professionally prepared Will could have avoided any difficulties. The legal cost involved in preparing even the most complex Will is far less than the likely costs involved with a disputed estate . It is imperative to get it right first time by having your Will professionally drawn up by one of our specialised Solicitors here at Newsome Vaughan LLP.

However, if things have not gone to plan and you are experiencing difficulties with a deceased’s Estate, we can help. 

For more information and a free half hour consultation please contact Caroline Bates, Head of Private Client at Newsome Vaughan LLP and her team of specialised practitioners on 024 7623 4259 or email carolineb@n-v.co.uk