More and more wills are being contested. The number of court cases in relation to will and inheritance disputes rose by 175 per cent in one 12 month period recently. Most disputes are settled without actually getting to the court stage, so the actual figures are very much higher than those published.
The reason for this surge in disputes seems to be a change in the way of living. Family structures are much changed from the old one partner for life and 2.5 children. It s not unusual for people to be married two or even three times and to have children from each relationship, plus stepchildren. Many people co habit without any legal partnership and the value of people s estates is very much higher than in the past, even allowing for the credit crunch in recent times. People are living longer and are also much more likely to get involved in helping with charities and this may lead to charitable giving.
Solicitors report that they see increasing numbers where complaints crop up from previous spouses and partners. Even more complications can be expected where their offspring are involved. The results of the will may have not lived up to their expectations and it s not uncommon to seek legal advice if they feel their treatment has not been fair.
Where a person has been co habiting for an appreciable time he or she may regard their partner as the person they should make provision for. The person s family may look at this in a very different way and may make their objections known. In a similar way, if the family is left the whole estate, the co habiting person may feel some provision should have been made for them. If there are stepchildren or illegitimate children who have been supported in the past, but left out of a will, there could be grounds for contesting a will that does not continue to provide for them.
Another family problem which comes up again and again is challenging a will on the grounds that the deceased person was under pressure, or didn t have a sound mind at the time the will was drawn up.
As children grow up and go off to University all over the UK and beyond, they often settle far away from the family home and no longer have strong connections with there families. If parents don t feel as close to their children as they used to, and can see that they re doing very well in their own right, they may decide to leave their estate in a less traditional manner. They may choose very close friends or favourite charities. If the children have always expected to inherit everything, then they may be encouraged to challenge the will. It s a good idea to enclose a letter with the will, which could explain the deceased person s reasons for what they ve decided to do.
Wills are serious legal documents. Although it s possible to write your own, even a simple one can be misconstrued and with the number of professional will writing companies are offering help with this at a very reasonable cost. At least get some advice, don t put it off.
Author Resource:
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