Member Article

Put your will in order to avoid inheritance disputes

By Carla Rist, solicitor specialising in disputed wills and probate, at hlw Keeble Hawson

Almost two thirds (64%) of adults do not have a will and of those that do, almost a third (32%) are out of date, according to recent research.

The findings from Investec Wealth & Investment come as no surprise to most solicitors working in this area of law. For despite media coverage and the legal profession’s own campaigns, the message about the importance of having a valid and up to date will is obviously not getting through.

Wills should be revised to take into account major life changes, including marriage, children and divorce. Yet the research shows that many people make a will and never review it. A third of wills (33%) were last reviewed over six years ago, 10% of wills have either never been checked or were last done 20 years ago and, worryingly, 81% of married people did not know their existing will was revoked when they tied the knot. Also 63% of married people either didn’t know or wrongly believed that they are automatically covered by their partner’s will.

An out of date will can almost be as bad as having no will, as family circumstances and tax law changes over time. By not keeping a will up to date your actual wishes may not be met in terms of who inherits your estate, and may also lead to disgruntled beneficiaries who find they have not inherited as they thought they might. This in turn may lead to further disputes and damage to family relationships.

We have seen a significant rise in enquiries about contested probate cases – where someone challenges the validity of a will, or queries a legacy. These vary from aggrieved relatives who want to contest a will, beneficiaries who are concerned about how executors are dealing with the estate and charities wanting to protect a bequest left to them.

We are also receiving enquiries from people who have found a will that they believe doesn’t reflect the current situation, or doesn’t reflect the true intentions of the person who made it, so they assume that a later will must exist. As there is no central register of wills, this can be difficult to investigate and often requires a ‘wild goose chase’ around various solicitors’ offices where the deceased lived to see whether there are any records of a later will.

As well as keeping a will up to date it is helpful if close relatives and potential executors are provided with copies and advised immediately if anything changes. This can help to prevent any uncertainty when the testator dies.

We have now taken the step of writing to clients five years after they make their wills inviting them to review them if circumstances have changed.

Making a will means that you do have to confront some difficult issues about what happens to your estate after your death. However, the stress and emotional fall out of either not having a will - or having an out of date will – can result in family members fighting against each other. The long term outcome could affect your family and their relationships for ever.

This was posted in Bdaily's Members' News section by hlw Keeble Hawson LLP .