Don’t Be the Weakest Link

You may well have read in the news this week that Anne Robinson, former host of Countdown and The Weakest Link, is said to have given away her £50 million fortune to her family to avoid inheritance tax. We are sure Anne was given expert advice in this decision, but all that aside, what happens when a dispute evolves over an Estate after the death of a loved one?

Estate Disputes in the UK:

Estate disputes in the UK are a complex and often emotionally charged area of law. As families grow, so too do the potential for disagreements over the distribution of assets following the death of a loved one. This article briefly explores the key aspects of estate disputes in the UK, including common causes, legal grounds for contesting a Will, and the processes involved in resolving these disputes.

Common Causes of Estate Disputes

Estate disputes can arise from various situations, often involving a combination of personal grievances and legal complexities. The most common causes include:

1. Invalid Wills: Questions over the validity of a Will can lead to disputes. A Will challenge may be based on claims that the will was not properly executed, the deceased lacked testamentary capacity (for example due to an illness or due to effects of medication), or there was undue influence on the testator at the time of making the Will.
2. Lack of Provision: Family members or dependents who feel they have not been adequately provided for in a Will can contest it under the Inheritance (Provision for Family and Dependants) Act 1975. For example, a person has been left a gift, but this is not sufficient to meet their needs.
3. Executor Issues: Disagreements over the actions of executors can lead to conflicts, particularly if there is perceived mismanagement or intermeddling of the estate.
4. Intestate Succession: When a person dies without a Will, intestate succession rules apply, which can sometimes lead to unexpected and contentious outcomes among surviving relatives.

Legal Grounds for Contesting a Will

Contesting a will in the UK requires specific legal grounds. These include:

1. Lack of Testamentary Capacity or want of knowledge and approval of a Will: The challenger must prove that the deceased did not understand the nature of making a Will, the extent of their estate, or the claims of those who might expect to benefit.
2. Undue Influence: If it is believed that the deceased was coerced or unduly influenced into making or changing their Will, this can form the basis of a dispute.
3. Improper Execution: A will must comply with specific formalities to be valid. If it can be shown that these formalities were not followed, the Will may be contested.
4. Fraud or Forgery: Allegations that the will was forged or the testator’s signature was fraudulently obtained are serious grounds for contestation.

A summary of the Dispute Resolution Process

Resolving estate disputes typically involves several stages:

1. Negotiation and Mediation: Initially, parties are encouraged to resolve their differences through negotiation or mediation, which can be less costly and quicker than court proceedings. This counts as a form of Alternative Dispute Resolution.
2. Legal Proceedings: If mediation fails, the dispute may proceed to court. The process includes (in summary):
• Filing a Claim: The aggrieved party files a claim in the appropriate court, outlining their grounds for contesting the Will.
• Responding to the Claim: The opposition will be required to file a response in the form of an acknowledgement and a defence.
• Case Management: The court Will manage the case, setting timelines, directions may be agreed between the parties and the court may even order a mediation.
• Hearing and Judgment: A judge will hear the case and make a determination based on the evidence presented.
3. Costs: The court has discretion in awarding costs, and parties should be aware that losing a case may result in paying the other party’s legal fees.

Conclusion

Estate disputes in the UK are a significant aspect of inheritance law, requiring careful consideration of legal issues. Understanding the common causes, legal grounds, and resolution processes can help individuals better manage and resolve these disputes.

This is where Wilkes can help.

If you should require legal assistance in relation to the issues discussed in this article, or should you require legal assistance in another Contentious Probate or Property Litigation matter please get in touch with a member of our team on 0121 233 4333, we would be happy to discuss your case.