No matter how risk averse we are in our day-to-day life and how safe our jobs appear to be, unexpected – and sometimes fatal – accidents can happen whatever our age and circumstances.

For example, more than 1,500 people are killed in road accidents and 400 people drown in the UK every year, while 272 people died last year from fire-related injuries. The people who died were of all sorts of ages and the statistics just go to show that the worst can happen no matter how young, healthy and careful you are.

If you pass away unexpectedly and have not made a plan for what happens next, this can place untold stress on your family. Who will get what from your estate? What happens to your children? However, as Peter Crawley, an Associate in the Inheritance Disputes team at WBW Solicitors in Newton Abbot explains, much of this uncertainty and anxiety can be alleviated by making a will, as it allows you to clearly set out who you want to manage your estate, who your beneficiaries will be, and who will be guardians to your children when you pass away.

If you die without leaving a will, your estate will be distributed to close family members according to the strict rules of intestacy. This may not reflect your wishes and allows no scope to leaves gifts to charity or close friends. If you have no living relatives, all your possessions will pass to the Crown. 

The intestacy rules will also apply if your will is not valid under the Wills Act 1837 and there is no previous valid will or your previous will has been revoked, including the automatic revocation of a will by marriage. The Act has a number of criteria for the validity of the will which are strictly interpreted.

Even if you have previously made a will, if your circumstances have changed – such as marriage or divorce – inheritance disputes can arise.  Furthermore, disputes can arise when a disgruntled beneficiary who has not received what they expected may claim that the will was not drafted correctly, that you made the will under duress, or even that you were not mentally capable of making a will.

Additionally, if you do not adequately provide for someone who is financially dependent on you in your will, they may make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, while if you promised someone a larger share of your estate than was actually reflected in your will, they may be able to make a claim for proprietary estoppel.

Most inheritance disputes can be avoided by keeping your will up to date, and by using an experienced solicitor to draft your will.  You may also need a doctor to testify as to your mental capacity. An expert wills & trusts solicitor can ensure you have considered all the different implications of your bequests, that the will is legally valid, and that the risks of possible challenges to the will are minimised.

For example, if you want to make an unusual bequest or leave someone out of your will, they may recommend having a letter of wishes drafted to be stored alongside the will which can serve to explain your actions to your executors and family; it can also be used to leave the executors instructions on how you would like your estate to be dealt with.

The people you name as executors in your will are responsible for sorting out your estate when you die. This usually involves them applying for a grant of probate which gives them the power to deal with your estate. They also need to inform organisations that you had dealings with of your death, compile a list of your assets and debts, and get the estate valued. This allows them to know how much they have to pay debtors and HMRC in inheritance tax and how much is left to distribute under the will.

How a solicitor can help

Life is full of surprises, so it is important to keep your will up to date.

An experienced solicitor can draft your will in a manner that is valid, reflects your wishes, and is much less likely to be open to challenge. If inheritance disputes do arise, they can advise your executors or beneficiaries on how best to defend such challenges.

They can also assist your executors in applying for a grant of probate, valuing your estate, contacting relevant bodies, settling debts, dealing with HMRC and ensuring all your beneficiaries receive their bequests under the terms of your will.

For more information on wills, probate, or any other private client issue, contact Peter Crawley at WBW Solicitors in Newton Abbot on 01626 202339 or email petercrawley@wbw.co.uk.

WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, 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.