Inheritance disputes are on the rise. Families disagreeing about estate distribution and loved ones questioning the validity of a will cause inheritance disputes that can significantly delay the probate process. There are several factors that could be driving the rise in these figures, and this blog looks at some of those, as well as the common reasons wills are contested.
Inheritance Disputes – Common Reasons
Not being included in a will – a loved one may feel an error has been made if they have been left out of a will. Perhaps the deceased had told them provisions had been made for them and that they were a beneficiary.
Dying intestate – this means someone has died without making a will or not having a valid will. In this case, the estate is distributed according to intestacy rules. This can cause significant issues between families, particularly if the deceased had a long-term partner but was not married or if there are estranged family members that the deceased would not intentionally want to include.
Blended families – blended families can become complex when dealing with an estate, as stepchildren and cohabiting partners are not taken into consideration under the rules of intestacy.
Bad will planning – many people talk about who they want to leave what to when they die, but a shocking number of people do not back this up in a valid will. Stepparents may miss stepchildren out of the will, for example, or an unmarried partner is not mentioned.
DIY Wills – many people wrongly believe a will is simply a piece of paper with a list of their assets and beneficiaries. Many homemade wills are not legally valid and can cause considerable probate issues, leading to inheritance disputes.
Why the Increase in Will Disputes?
More families are blended now, and while this is a positive thing when someone dies, it can lead to complex estate issues. The acceptance of blended families could be a key reason for rising inheritance disputes. Another point to mention is homemade wills. During the pandemic, thousands of people made DIY wills, and many would not have done so correctly. While this is unlikely to be affecting the inheritance figures too much right now, it will probably have an impact in 20-30 years. Finally, people own more assets now, meaning there is more to dispute.
For professional will advice, contact Braintree Wills on 01376 349366.