Wills Leaving Bitter Legacy … As More Families Dispute Their Inheritance

Legal disputes over wills are on the rise as more families are prepared to go to court to wage war and claim their inheritance.

Simon Mee, a specialist in wills and estate planning at solicitors, Charles Lucas & Marshall says the firm has seen a sharp increase in people seeking the best way of contesting a will.

“There are many reasons for this,” says Simon Mee. “Disputes can arise because couples live together but don’t get married. Quite often, the deceased has been married more than once, which may leave their will open to dispute by step children or children from previous marriages.”

“We are also living longer and people tend to have more sizeable estates these days. In other words, there is more for people to go at.”

The number of cases among warring families which had to be settled in the High Court last year rose to 228, compared to a mere 83 in 2006. However the number of wills which were legally disputed was far higher as wherever possible solicitors seek to settle the dispute before it reaches court.

“As we live longer, more people are challenging wills on the grounds of mental incapacity,” said Simon Mee. “More people are also leaving their money to charities even when they have children – particularly if they haven’t spoken to their children for years or their children have not provided support during their old age.”

One of the biggest causes of contention is when the deceased has left their estate to a second wife and has not made any direct provision in his will for children from the first marriage.

“This can get very complicated,” added Simon Mee. “But people are having fewer qualms about taking the matter to court if they feel they have been unfairly treated.”

Please contact Simon Mee on 01635 521212 or simon.mee@clmlaw.co.uk