Your last will and testament is supposed to be your final say on who you want to benefit from your worldly wealth when you die, but it does not always work out that way. Increasingly, it could trigger a war of words instead.
Three quarters of us are likely to experience a will, inheritance or probate dispute in our lifetimes and it’s not just an inter-family squabble.
One in three disputes are started by claimants outside of the family, such as colleagues or neighbours, the UK Inheritance Disputes Report says.
Up 10,000 people in England and Wales are disputing wills every year, according to estimates by specialist solicitors.
The single most common reason for somebody to contest a will or launch a fight over probate is that they are not happy with the inheritance they receive.
Families also argue over individual possessions, known as chattles, as they can’t agree who gets what.
In a growing number of contested wills, claimants who were written out of a will say the deceased no longer had the mental capacity to know what they were doing, and was “unduly influenced” by the new beneficiary in a money grab.
Seven in 10 claimants hired lawyers, paying £13,000 on average. Legal bills can be far higher if the case goes to court, but in practice only a small number do.
Around a third of cases are resolved after mediation, and one in five via negotiation. More than half of claimants get more money as a result. So protesting can pay.
Which means more of us could end up in a family fight over money.
The number of disputes is rising because there is more wealth to fight over, due to the rising value of assets such as family homes, said Stephen Lawson, head of contentious probate at the Law Society. “As people live longer more suffer from dementia, which leads to an increase in claims of undue influence by other family members.”
Another factor driving the nation’s inheritance wars is the complexity of the modern family, Lawson adds.
“A common case is for the children of a first marriage to contest a will after their father has left much of his estate to his second wife or stepchildren.”
The Inheritance Act 1975 empowered courts to make provision for a former spouse and their children. “When a married man leaves all his money to his mistress, the wife has an extraordinarily strong claim and may be keen to contest the will,” Lawson said.
Disputes can drag on for years, he added, freezing inheritances in some cases. “I know of one case where a family disagreed both with the valuation of a property and how to sell it. It ended up standing vacant for eight years. They couldn’t agree, but refused to sue each other to settle matters.”
If unhappy with a will, going to court is the extreme option, Lawson said. Mediation is a better alternative.
READ MORE: ‘Loved ones may lose everything unless you write will now
Jo Summers, probate specialist at The Society of Trusts & Estate Practitioners (STEP), said challenging someone’s will is harder than you might think.
“Simply saying it is not fair does not count as grounds for a challenge. You need legal advice on the process for challenging a will and evidence to support your challenge.”
The costs of a court application can be extremely high and the process can take years. “It’s better to talk it through.”
The best way to avoid your own will being challenged is to tell loved ones what you are putting into it, and get a suitably qualified advisor to write it.
DIY wills may save money in the short term but can backfire spectacularly. You can find a qualified will writer through STEP website Advisingfamilies.org.uk.
