There is a growing trend in contested wills and inheritance cases and along with divorces, they can be some of the bitterest disputes in our courts. Lisa Davies, Head of Private Client at Leo Abse & Cohen Solicitors advises how we should address valid and effective will-making.
RECENT LARGE value, high profile cases include a businessman who left £8m to the Conservative Party rather than his family, and a prolonged fight involving the RSPCA over a £2.3m estate.
So what's behind this trend?
Apart from a general increase in the willingness for people to take a litigious approach, people are living longer, making it more likely that they will suffer from dementia or other illnesses which may affect their mental capacity.
There has also been a growth in charitable giving, sometimes in preference to family members including the deceased's own children. Many charities, including veterinary charity the PDSA, have reported an increase in challenges to legacies left in wills and the National Trust says that 10% of the 2,000 legacies they receive each year are disputed by family members.
The situation has been worsened by the growing value of estates and the complicated structure of modern families.
With such complex factors to consider, and strict procedural rules governing the validity of wills, it is not surprising that where people have not taken expert legal advice the relatively small amount of money initially saved in drawing up the will is soon out-weighed by the cost of defending a dispute afterwards.
Having an unsuitable or invalid will can cause a lot of heartache and stress when tragedy strikes. As costs are very often paid out of the estate's funds, not only can beneficiaries suffer hardship waiting for their inheritance to come through but when it does, it may be substantially depleted.
To ensure your will is accurate and legally valid, it is recommended to seek professional help. A solicitor can give you legal advice on more complicated matters such as inheritance tax and can ensure there are no errors in either the drafting or the signing of your will.
Calling in the professionals will mean they can assess your will writing capacity, detect any undue influence, balance competing interests and help ensure the formal requirements surrounding the preparation and execution of the will are met.
Solicitors' fees vary but typically cost £120 to £150 per document for a simple will.