Family disputes over inheritance are on the rise

English law maintains that a person is free to leave their property and possessions, known as their estate, to whoever they wish.

By Alison Rowley, solicitor, DRN

This is done by preparing a will. If there is no will, then a person’s estate will be distributed under the Intestacy Rules. It is for this reason that it’s important to regularly review your will.

To create a will, certain requirements must be complied with for it to be valid otherwise it can be challenged. If successfully challenged, the Estate will be distributed in line with a previous will or the Intestacy Rules if there was no previous will.

Even when there is no challenge to a will, a person may feel they have not been left reasonable financial provision, either under a will or the Intestacy Rules, they may be able to make a claim for a distribution from the deceased’s Estate under the Inheritance Act 1975.

Where claims tend to arise: Second marriages Estranged family members being left out of the will Failure to think through the terms of a will properly so that insufficient provisions are left Failure to prepare a will People living longer and not keeping their will up to date The list could go on. Any challenge or claim can make a difficult time even harder, so it’s important to get the advice and support you need should you find yourself in a similar position.