The Will to win an inheritance dispute ..and the team to make it happen!

Probate claims and disputes relating to the inheritance of an individual’s estate after their death, are far more common than you may think.  Not only are they likely to be upsetting and emotionally charged situations, but they can also drag on for some time.  So, whether you are challenging probate or defending a claim, make sure that you choose a team of probate specialist with a long track record of success.

We’re all living longer and we’re all accumulating wealth. Whilst this is a fabulous endorsement of society and healthcare, it does mean that there are more and more arguments and disputes regarding the legacies we leave behind.

This seems to be especially frequent if the departed has suffered from any form of dementia or has drafted a D-I-Y Will, without any professional legal advice.

Here at PSR Solicitors, we thought that this article and overview may help those facing any issues resulting in the outcome of a Will.

We do not cover every point where a claim may occur, but have written this to provide some helpful insight into the more common areas of dispute.

Frequent causes of disagreements

From our experience, most of the probate arguments that lead to claims being made are:

• Legally Witnessed – was there a failure to properly witness and sign the Will correctly? This is far more common now as many people are producing D-I-Y Wills, with no professional legal back up.
   
• Coercion and Deceit - where one beneficiary, or a third party, has influenced the Will maker against the interest of others, negatively impacting on those who believe they have a right to all or part of the estate.
   
• Of Sound Mind – was the individual mentally able to make the decisions that were made regarding the Will? This is particularly important as society is living longer and dementia and mental capacity issues are impacting more and more on inheritance claims. Did they fully understand the contents and implications of the Will?
   
• Forgery – Was any part of the Will, or the signatures, forged?

There are also some very complex causes

As legal action in this area increases, there have been a growing number of challenging cases linked to:

• Unconventional Family Structures – the family unit has changed so much over the years with more divorces, remarriages, cohabiting and living with children from other marriages. As these complex family dynamics increase, there is every chance that older Wills may not have predicted or accounted for them and therefore these multifaceted family units are not properly taken into account.
   
• Broken Promises – known legally as a ‘Proprietary Estoppel’. These are usually concerned with property, where the claimant has been acting against their best interests because a promise of later reward was made to them, which hasn’t featured in the Will.
   
• Professional Negligence – claims against those who drafted the Will or those who are controlling the estate.
   
• Ownership and Lifetime Gifts – these including disputes regarding who actually has the legitimate ownership of certain items bequeathed in the Will.

Nia Edwards LLB (Hons)

Solicitor - Head of Private Client & Probate

I am Head of ‘Private Client’ at PSR Solicitors, based in our Chester office. I undertake various types of legal services such as Wills and Probate, Estate Administration, Lasting Powers of Attorney as well as Divorce and family matters.

Contact Nia Edwards