Disputing a Will can be a very costly exercise

Record numbers of inheritance disputes are going through the courts as modern family structures and rising house prices push more families to contest unfavourable outcomes. 

One recent case has seen a family lose out after legal action involved two brothers who have run up fees of more than their entire inheritance by disputing a stepmother’s share of their father’s estate.

The trend towards increased inheritance disputes has been attributed to a number of factors.  Increasing numbers of so-called ‘blended’ families where divorced parents re-marry is one such factor, with original family members not wishing to share with newer members, such as step-parents or step-siblings.

That was the reason behind the recent legal action by two brothers, who were the sons of a farmer. They attempted to block their stepmother getting an extra £25,000 in their father’s will. Their action has cost them their entire inheritance of £62,500 each, as Richard and Jonathan Powell have been ordered to pay £200,000 in legal fees, after claiming that their disabled father was unfit to make the final will which left £125,000 to his second wife. The sons had maintained that an earlier will should stand, which would have seen their stepmother receive £100,000.

Another factor behind many inheritance challenges is property values. Where family are excluded, or receive less than expected, a large property price tag is believed to be fuelling many more claims, as more people are inclined to take the costly step of litigation to get the matters before the courts.

To make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, a claim must be made within six months from the date of the grant of probate. For cohabitees, they need to show they were living as husband and wife or as civil partners with their partner throughout the two-year period before they died.

It all comes down to careful planning and, wherever possible, communicating your decision to family, to try and avoid later rifts.  And if you are excluding children, a spouse or civil partner from your will, you should certainly get specialist advice, to be sure that your plans will not cause problems down the line.  Doing so also means there is clear evidence of what you intended to do if a will is challenged at a later date.

Most disputed wills are settled at County Court, but figures released in September last year showed that a record 116 such cases reached the High Court in 2015, eight times the number heard in 2005.

If you would like any more information in relation to this article then please feel free to contact me via email: ali.ebrahim@bowlinglaw.co.uk or visit my profile.

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This is not legal advice; it is intended to provide information of general interest about current legal issues.

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