Where there is a will, negotiate

Wake Smith Solicitors 08 September 2008

With will disputes on the increase, Rachel Baseley, associate at Wake Smith, discusses how disputes can be avoided and explains how negotiation is often the solution, rather than the courtroom.

At Wake Smith we have seen a large increase in the number of people in Sheffield disputing wills. In the past it is possible the British 'stiff upper lip' prevented people challenging or contesting wills but nowadays people are far more willing to challenge and less prepared to accept what they deem to be unfair. This is partly due to the influence of the US, where people are more ready to litigate.

Will disputes often arise because someone believes they have been either unfairly left out of a will or that a new will has been written by a person late in life and at a time when they lacked the mental capacity to do so. Alternatively, someone may claim that they actually own an asset included in the estate or that the will does not reflect a promise that had been made during the person's lifetime.

The most common examples of will disputes in the UK usually involve a spouse who disinherits his or her spouse in favour of a mistress or new partner, or parents who discriminate against their children in some way. This is often contested by clients who believe that one child is being unfairly favoured over another.

When a will is contested, in nine out of ten cases a dispute will be resolved by negotiation between the interested parties, avoiding the need for a costly court hearing.

Drawing up a will is a reality that none of us like to think about but there are a number of steps people can take when creating a will in order to reduce the likelihood of any disputes taking place after death:

  • Where a testator is very old or ill, relatives should consult a solicitor in advance about formalities for executing the will and obtaining medical evidence.

  • Ensure that witnesses to a will are reliable, competent and likely to live longer than the testator. If there is a dispute, they may be required to confirm their opinion of the testator's capacity.

  • If you marry, seek legal advice about a will. Marriage automatically revokes an earlier will.

A constructive resolution of disputes by negotiation or mediation will often be far less distressing than resolving the issue in court. It is also much more cost effective. If there is a full-blown court case usually the only party to win is the lawyers as there may not be much of the estate left once all the legal costs have been paid.

Tags

Archive

April 20241March 20247February 20242January 20248December 20236November 20232October 20235September 20232August 20234July 20232June 20235May 20238March 20234February 20235January 20233December 20225November 20224October 20224September 20223August 20221June 20221May 20227April 20223March 20223February 20223January 20224December 20214November 20213October 20215September 20216August 20212July 202111June 20218May 20216April 20212March 20218February 20218January 20219December 20208November 202013October 20209September 20208August 20203July 20208June 202016May 202013April 20209March 202016February 20209January 202011December 20199November 20199October 201911September 20195August 20194July 20196May 20198April 20196March 20193February 20195January 20194December 20186November 20185October 20182September 20185August 20184July 20189June 20184May 201810April 20185March 20184February 20184January 20183December 20175November 20178October 20177September 20179August 20175July 20176June 201710May 20176April 20178March 201711February 20176January 201712December 20169November 20167October 201610September 201610August 20166July 20167June 20163May 20162April 20166March 20162February 20164January 20165December 20153November 20155October 20156September 20156August 20157July 20157June 20157May 20156April 20159March 20156February 201510January 20156December 20145November 20144October 20142September 20143May 20144March 20146February 20144January 20142December 20132November 20133September 20134July 20132June 20132May 20133April 20131March 20133February 20133January 20136December 20121November 20123October 20122August 20122July 20128June 20123April 20123March 20121January 20124December 20112November 20111October 20112September 20113August 20113July 20117June 20119May 20117April 20115March 20119February 20118January 20111December 20101October 20102September 20102August 20103July 20106June 20101May 20102April 20106March 20102February 20103January 20102December 20095November 20092October 20092September 20092August 20091July 20095June 20095May 20093April 20093March 20093February 20091January 20092November 20082October 20082September 20081August 20083July 20081January 20082

Featured Articles

Contact us