Navigating Inheritance Disputes: What You Need to Know

High-Profile Inheritance Disputes Highlight Rise in Will Controversies

What do Paul Daniels, George Michael, and Lisa Marie Presley have in common? Beyond their celebrity status, their passing has been marked by notable inheritance disputes, shedding light on a growing trend affecting not just the rich and famous but many families across the nation.

According to Katherine Pymont, a legal expert at Kingsley Napley, the increase in will disputes can be attributed to a combination of factors including the rise in asset wealth, complex family structures due to second marriages, and financial pressures. This has led to a surge in contentious estate battles, leaving many to navigate the challenging waters of inheritance claims.

Discovering you’ve been left out of a will can be a distressing experience, prompting the need for swift action if you suspect an error or oversight. Telegraph Money offers insights into the grounds on which a will can be contested and the steps involved in such a process.

Understanding the Grounds for Contesting a Will

While English law emphasizes the importance of respecting the deceased’s wishes as outlined in their will, there are instances where a will may be contested. It’s crucial to seek specialist advice early on, as challenges can only be made under specific circumstances and within set timeframes.

Grounds for contesting a will include questioning the mental capacity of the deceased at the time the will was made, undue influence, lack of understanding of the will’s terms by the deceased, errors or unclear provisions in the will, and allegations of forgery or fraudulent manipulation.

Contesting a will in the UK is a complex legal process that typically requires expert guidance. Rachael Griffin, a tax and financial planning expert, emphasizes the importance of having clear documentation to support your claim.

Making a Provision Claim

Aside from directly challenging a will, individuals such as children of the deceased, former spouses, and ex-partners can seek “reasonable financial provision” under the Inheritance (Provision for Family and Dependants) Act 1975. This route is particularly relevant for those who were financially dependent on the deceased or in cases where the divorce settlement included maintenance provisions.

For ex-partners not married to the deceased but cohabiting, a claim under the Trusts of Land and Appointment of Trustees Act (TOLATA) may be considered to resolve property ownership disputes outside the will’s terms.

Act Fast

Time is of the essence when making an inheritance claim. Financial provision claims must be initiated within six months of probate being granted. It’s advisable to file a legal caveat for a nominal fee to prevent the estate from being distributed while disputes are resolved.

This rise in inheritance disputes underscores the importance of meticulous will planning and the need for potential claimants to act promptly and seek professional advice when contesting a will or making a provision claim.