Rachel Waller, partner specialising in contentious wills, trusts, and estates, explores the crucial role of open conversations in inheritance planning to prevent inheritance disputes and safeguard legacies.
Avoiding Inheritance Disputes and Protecting Legacies
According to an article in FT Adviser, “some 18 per cent of UK adults have had disputes within their families due to a lack of conversations about inheritance planning.” The article highlights some interesting statistics about why people might avoid discussing inheritance and the benefits of doing so, particularly in terms of avoiding future disputes.
I wholeheartedly agree. This is especially true in cases where disputes stem from a loss of expectation, resulting in disappointed beneficiaries. In some situations, beneficiaries may agree to vary the terms of a will to provide for someone who has been left out, even where there are no legal grounds to challenge the will’s validity. However, in the absence of such agreement, disappointed beneficiaries might seek to contest the will. There are a number of potential grounds for challenge and, regardless of the strength of the evidence supporting any claim or application, it would still need to be addressed by the estate, potentially incurring costs.
As a contentious probate specialist, I see the very worst of these disputes—often when the situation has become so intractable that court action becomes necessary. Matters are particularly challenging where there is contradictory evidence regarding the testator’s intentions. Taking legal advice at an early stage can be very helpful, ensuring that the focus remains on the facts of the case rather than emotional issues that may have arisen during the dispute. If possible, mediation is always worth considering.
Court action should be a last resort. Where it is necessary, it is important to base it on carefully reasoned legal arguments that have been well-articulated in correspondence prior to issuing proceedings. As with most legal disputes, appointing a solicitor early on can be invaluable in managing the process and mitigating costs in the long run.
