The last thing most people would wish is that after they pass on, their family should be fractured by a dispute over inheritance. However, a great many people do not make wills and even those who do might not go about it in a way that leaves everyone happy.
A will is a legally binding document, although under English law it must be witnessed and signed by two independent adults. Working with a wills solicitor, you can ensure everything is legally compliant.
However, that does not mean its contents can override the law. For example, where you own a property in a joint tenancy you cannot deny that person the inheritance of half the home.
Getting your will written is always important, for death in intestacy can have all kinds of unforeseen consequences, such as a scenario in which your spouse lacks the mental capacity to handle the assets they will inherit in such a situation and there are no power of attorney arrangements in place, leading to a dispute about which of your children should take charge.
Even where a will is in place, harmony is not assured. The Daily Telegraph has reported that more than 10,000 wills were disputed last year, the highest number in over a decade, according to data obtained from the Ministry of Justice by law firm Nockolds via a freedom of information request.
An example was the case of a mother leaving most of her £1 million fortune to her daughter and almost nothing to her three sons, who she claimed had “abandoned her”.
The report noted that this is not illegal in Britain, whereas in countries like France, an equal share is mandatory. However, such a move can be blocked by the lodging of a ‘caveat’, which can halt the probate process while the dispute is tackled.
Michael Henry of Nockolds said many people start disputes because they are relying on an inheritance for their retirement income or to get on the property ladder. “If someone is left out of a will, or stands to inherit less than they were expecting, this can trigger a claim,” he remarked.
Of course, you should not feel obliged to make such a provision for your children or to give them equal treatment if you feel this is unwarranted. However, it is important to take good advice from a wills lawyer if your plans are likely to put somebody’s nose out of joint – and the time when you make a will may also be a good moment to try to resolve family conflicts.
Of course, not everyone faces such a situation when making a will. Some may have children who have high incomes and don’t need a windfall. Others may have no close family to bequeath to and might give it all to charity.
At the same time, there are not just humans to consider. As the i news reports, a growing number of wills are making provisions for furry and feathered friends to ensure they are looked after for the rest of their lives. You may wish to consider this. If nothing else, if your cat and dog fight a lot, at least they won’t do so in court.
