When do disputes arise? |
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Jane Cassell gives an overview of some of the main causes for disputing a will.
Wills and Probate is a specialist area of law, and within that, is Contentious Probate – legal speak for having a bun fight over an
estate.
Disputes tend to happen after someone has died, and because they’re no longer here to explain what they meant, or what the circumstances were that made them do what they did, this kind of dispute is very difficult to deal with. It’s worth having a professional on board.
Wills can be challenged because legal formalities have not been followed. For example, two witnesses are required, and without this basic requirement being met, a Will is not valid.
If the person signing their Will did not have mental capacity to make it, they simply did not understand what they were doing, then again, their Will can be challenged. This kind of problem can of course be prevented, by obtaining a doctor’s report when the Will is signed, but if they’ve died now, and that was not thought about, the Will can be challenged.
When there is suspicion of fraud or undue influence, then a Will may be challenged. This can be where one child who “assisted Mum” to get her Will done, gets more than other children. Or where someone gives to someone completely unexpected. Lots of people are grateful to their legal advisers for their help and guidance, but it would be unusual to leave money in a Will to them!
Sometimes, Wills are negligently drafted by a professional, and the matter needs to be disputed to be put right.
There are categories of people who expect to be included in Wills; children, a spouse, a cohabitee and others. If those people were financially dependant on the person who’s died, then those people are entitled to make a claim against the estate, under the Inheritance (Provision for Family and Dependants) Act 1975.
People who have given up something because of a promise, can also make a claim. For example, the classic case is where a child has cared for a parent for many years, giving up their own career to do so, having been told by the parent that they would receive the house when parent dies. If the Will then says to all children equally, the carer child may make a claim against parent’s estate, to obtain the house they were promised and gave up a significant element of their own life for.
Often in the above situations, going to Court is extremely expensive and unpleasant. Therefore, when it’s appropriate, it’s possible to work towards settling the matter in a way that not only preserves as much money as possible for the people involved, but also their sanity and hopefully, relationships.
May 2012
Disclaimer:
Wills and Probate is a specialist area of law, and within that, is Contentious Probate – legal speak for having a bun fight over an
estate.
Disputes tend to happen after someone has died, and because they’re no longer here to explain what they meant, or what the circumstances were that made them do what they did, this kind of dispute is very difficult to deal with. It’s worth having a professional on board.
Wills can be challenged because legal formalities have not been followed. For example, two witnesses are required, and without this basic requirement being met, a Will is not valid.
If the person signing their Will did not have mental capacity to make it, they simply did not understand what they were doing, then again, their Will can be challenged. This kind of problem can of course be prevented, by obtaining a doctor’s report when the Will is signed, but if they’ve died now, and that was not thought about, the Will can be challenged.
When there is suspicion of fraud or undue influence, then a Will may be challenged. This can be where one child who “assisted Mum” to get her Will done, gets more than other children. Or where someone gives to someone completely unexpected. Lots of people are grateful to their legal advisers for their help and guidance, but it would be unusual to leave money in a Will to them!
Sometimes, Wills are negligently drafted by a professional, and the matter needs to be disputed to be put right.
There are categories of people who expect to be included in Wills; children, a spouse, a cohabitee and others. If those people were financially dependant on the person who’s died, then those people are entitled to make a claim against the estate, under the Inheritance (Provision for Family and Dependants) Act 1975.
People who have given up something because of a promise, can also make a claim. For example, the classic case is where a child has cared for a parent for many years, giving up their own career to do so, having been told by the parent that they would receive the house when parent dies. If the Will then says to all children equally, the carer child may make a claim against parent’s estate, to obtain the house they were promised and gave up a significant element of their own life for.
Often in the above situations, going to Court is extremely expensive and unpleasant. Therefore, when it’s appropriate, it’s possible to work towards settling the matter in a way that not only preserves as much money as possible for the people involved, but also their sanity and hopefully, relationships.
May 2012
Disclaimer: