What disputes can arise over wills and what can be done to avoid them?
Many of us hear horror stories about will disputes. Some of us may have even gone through it before and will know that these types of disputes can become ugly and at times, even break families apart.
Lawyers are often faced with questions as to the validity of a will on the grounds of the mental capacity of the person creating it.
As a general rule, just because the person may be older or unwell, it doesn’t mean they aren’t able to create a valid will. Disputes can often be avoided if the will is created by a professional, such as a Lifetime Lawyer, who’ll ensure that appropriate steps are taken to assess the necessary capacity to make a will. And if the person does not meet the criteria to create a valid will, then it may be appropriate to make an application to the court for a statutory will.
One common type of dispute involves co-executors who don’t see eye to eye and are unable to reach an agreement on a range of issues relating to the administration of the estate. This is often the case where the executors are related (sometimes siblings) and are also beneficiaries.
It’s most common for parents to appoint their children as executors and the main question is - will they work well together? A lawyer will ask the right questions from the outset about the family dynamics and will explain the obligations of being an executor, which will ensure that the appropriate choice is made. Where several executors are appointed, at the time of the administration the executors may choose between them who is available and can manage the administration most effectively.
Disputes can also arise where the executor either delays getting a grant of probate and administering the estate or fails to administer the estate in accordance with the provisions of the will.
The executor has a responsibility to administer the estate in a timely manner and meet the necessary deadlines for submission of documents and payment of tax to HMRC.
In a lot of cases, disputes can be avoided with clear communication and updates as to progress of the administration. Some estates can take several years to administer which can be very frustrating for beneficiaries. However, if the executor is not meeting their obligations, then beneficiaries have a right to make an application to the court to remove or substitute the executor.
The most common disputes arise when parents leave their children out of the will or favour one child over another. A lawyer will discuss the potential claims that may be made against the estate under relevant family provision legislation, and what considerations should be made by the will maker to avoid/protect the estate from future claims.
There is a common misconception that if the will states that a person should not benefit from the estate this cannot be challenged, however this is not always the case. It’s important to consider dependents, people who rely on and have expectations from the estate or have been promised something and are relying on that promise. If the person who creates a will has failed to consider and provide for somebody they have a duty to provide for, then the court may remedy this.
Resolving disputes can be difficult, expensive and prolonged. The best option is to seek professional advice early and take steps to plan ahead, such as creating a will with a Lifetime Lawyer and making sure that the estate can be administered efficiently by those left behind.
To find a Lifetime Lawyer near you, head here: https://www.lifetimelawyers.org.uk/Public/Radius-Search/Find-a-Solicitor.aspx