Wills are an important legal document written by someoneoutlining their wishes for after their death. This can include how they want their estate, or assets and money, to be divided among their beneficiaries (usually surviving family members such as spouses, children, etc.).
A will can also include instructions and requests for their funeral, though this can also be done as part of a funeral plan purchased from a funeral director.
While a will is usually straightforward, issues can arise. Disputes may be made by family members who feel they have not been reasonably compensated by the asset distribution, as well as other issues.
There may also be the event that the person has died without a will, which can complicate things.
In these instances, it is very important to seek legal advice. Many solicitor’s offices, such as THB solicitors Ipswich, have legal experts in a range of different areas of the law. Usually, a family or wills specialist solicitor can help in most will issues.But in certain cases, you may need professionals in finance, property or even mental capacity (if this is questioned).
In this article, we’ll be looking at the common legal issues surrounding wills, including a further in depth look into the issues mentioned above…
Why Writing a Will is so Important
Despite its importance, many people put off writing a willuntil beyond mid-age or unless they are diagnosed with a terminal illness. It’s understandable that people put off this morbid task, but to be even more morbid, you can’t predict when you might die.
If the unthinkable happens due to an accident, and you haven’t written a will, there could be complications for your estate and for your surviving family. Your estate could also be subject to more inheritance tax if things aren’t planned carefully, meaning less will go to your loved ones.
Intestacy Laws
When someone passes away without having written a valid will, their estate is distributed according to the rules of intestacy laws.
Intestacy laws dictate how assets are distributed among surviving family members. Typically, close relatives such as spouses, children and other close relatives will be prioritised first.
If there is no spouse or children, the estate will go to a surviving parent or both surviving parents.
If there are no surviving parents, the order then goes:
• Siblings
• Half-siblings
• Grandparents
• Uncles or Aunts
• Cousins
If there are no other surviving family members at all, and therefore no one to pass the estate to, the estate is classed as ownerless property aka Bona Vacantia, and passes to the Crown.
What Complications Could Arise from Intestacy Laws?
Not everyone has the traditional family dynamic outlined in intestacy laws. Some people are unmarried, have blended families, or were raised by someone else other than a relative, and so on. This means the estate could potentially go to the wrong people.
Even without any family, someone who passed away unexpectedly may not want their estate to go to the Crown. They may have had a charity or something else in mind instead, they just hadn’t written a will yet – as the death was unexpected.
If the family dynamic doesn’t match the intestacy law, someone, or multiple relatives, may dispute the distribution of the estate. This is similar to disputing a will.
Why Do Will Disputes Happen?
There are several reasons why a will dispute may happen, including but not limited to:
• Lack of Capacity: This means that at the time of writing, it was suspected that the deceased lacked the mental capacity to make a valid will. This could be due to something such as dementia.
• Undue Influence: It may be suspected that the deceased was influenced by someone else whilst making their will.This often involves situations where someone pressured or manipulated the deceased to write or modify the will in their favour.
• Fraud or Forgery: There may be suspicions of fraud or forgery during the making, modifying or execution of the will.
• Family Provision Claim: Sometimes, family members or dependents may feel unfairly excluded or inadequately provided for by the will. This could also happen due to intestacy laws. In these cases, the will or distribution of assets can be contested or disputed. This is usually done under the Inheritance (Provision for Family and Dependants) Act 1975.
• Ambiguous Language or Mistakes: Disputes may also be made if the will is not clear enough, inconsistent, or mistakes are made. The will may be challenged if there is confusion regarding the deceased’s intentions.
Conclusion
Understanding potential legal issues surrounding wills is important. This is true whether you haven’t written a will yet but want to safeguard your assets, or if a relative has passed away and you are unsure of your rights.
If any issues have arisen regarding a will, the best course of action is to contact a solicitor specialising in wills. They can help you find the best resolution.
