A death in the family is often a difficult time, and sadly the pain of loss is sometimes exacerbated by disputes over who gets what from the deceased person’s estate. If left unchecked, such disputes can lead to huge family rifts and a costly court battle.

Emma Northover a Partner and Head of the Inheritance Disputes team at WBW Solicitors in Honiton, explains the common causes of inheritance disputes, the possible grounds for contesting a will and outlines alternative methods of fending off and resolving such disputes.

If someone dies without making a will, the strict intestacy rules apply and the deceased person’s spouse will inherit the majority of the estate.  If the estate is large enough, the person’s children will also receive share. If there is no spouse, the estate will be split equally among the person’s children.

A dispute in this context could arise in a number of ways; for example, if the deceased person was completely estranged from one of their children for decades, while another child cared for them until their death and may have been expecting to inherit a larger share of the estate.

Disputes could also arise if someone dies and has a blended family, with the deceased person and their second spouse having children from previous relationships. Anything passing to the widow will fall into the widow’s estate when he or she dies, meaning that if the widow dies intestate it will pass to his or her own children, or to whomever the widow directs in his or her will.

These scenarios illustrate the importance of leaving a will and ensuring it is drafted in such a way that your estate is protected for the future. For example, specific gifts can be bequeathed to your children, or a will trust could be used which would allow your widow to benefit from assets or income from the estate during his or her lifetime, with the trust property then passing to your children after your widow dies.

Even if a will is drawn up, this can still be the cause of inheritance disputes. For example, the testator could be accused of lacking mental capacity to make a will or being unduly influenced by someone in drawing it up. Having a medical practitioner testify as to mental capacity and having a will drawn up by a specialist solicitor can help defend such allegations.

A challenge to a will or the division of the estate under the intestacy rules could also be made under the Inheritance (Provision for Family and Dependants) Act 1975, if inadequate financial provision has been made for a testator’s dependant (spouse, co-habitee, child including someone treated by the testator as their child or other dependant). Again, a specialist wills solicitor can provide advice on how the will can be drafted to minimise the risk of such a claim.

If an inheritance dispute does arise, going to court is usually the last resort as it is a time-consuming, costly and very public business. An alternative dispute resolution process such as mediation is cheaper and quicker than court, less confrontational and crucially more private, making it more likely that a family rift can be healed.

Mediation involves an independent third party, who does not offer advice or take sides, encouraging the parties in dispute to talk through their issues until a resolution is found that is acceptable to both sides.  In most cases, the parties remain in separate rooms and do not meet each other but communicate through the mediator.

In some cases, a resolution can be achieved even more easily through written or telephone negotiations, or a lawyers’ meeting.

If alternative dispute resolution does not work, it may be inevitable that the case has to go to court. If so, it is highly advisable to appoint a specialist solicitor who can unearth the required evidence to build and present the strongest possible case.

For more information on inheritance disputes, or any other private client issue, contact Emma Northover at WBW Solicitors in Honiton on 01404 548063 or email emmanorthover@wbw.co.uk.

WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Chard, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.