Contesting a Will is the Ramification of Not Following a Few Simple Suggestions
By Simon Wagner
You don’t need to pick up a newspaper to be aware that the structure of the modern family is changing. But you might not have thought about how this affects what could happen to the distribution of assets following the death of a loved love.
It is an unfortunate fact that there is a steady increase in disputes over the realisation and distribution of assets following death. And this does not simply apply to families in which, for example, parties prefer not to marry or have step children. It remains a widespread fallacy that only those individuals who are aged or in poor health should concern themselves with a Will. Yet, regardless of whether you are poor or wealthy, you will have no power over what will happen to your assets when you die if you do not make a Will.
The only certain thing about life, as the cliché goes, is that it will come to an end. Without a Will, it is up to the Government to divide all assets up and this is done in accordance with exacting rules of intestacy. There are many cases where unmarried couples who have been living together for some time find themselves in a regrettable position because of this, usually due to a mistaken belief that the law will recognize their partner as a beneficiary despite the fact that they are unmarried. Equally, a great deal of grief and protracted anxiety can be brought upon a family due to a badly drafted will, or if the maker of the Will has not thought through the full consequences and ramifications of the Will they have made, whether it is due to illness or other reasons.
There are a wide range of reasons for an individual to contest the distribution of assets following a death. Some of the most common disputes arise from the deceased not making a Will, or, for example, when there is a Will but it does not make provision for all of nearest and dearest of the deceased and, as a result, individuals may feel aggrieved by their lack of inclusion within the Will. Disputes can also occur if Executors or Administrators of an estate do not handle the distribution of the estate efficiently.
If you were to find yourself in a position where you wanted to contest the validity of a will, then there are various grounds on which you can do this. Often, these will challenge either the deceased’s legal capacity or mental capacity to make a Will. Most importantly, there are time limits which must be adhered to for claims and certain categories of individuals who are able to make a claim. It is vital to seek advice at a very early stage if a claim is to be successful.
Whether you are a private individual with a property or share portfolio, company director, or business owner, wide-ranging, friendly, professional advice specifically tailored to your individual requirements can minimize tax and death duties and can remove the possibility of any unnecessary grief on the part of your loved ones in the event of your death.
Taking into account Living Wills is also a useful consideration. Living Wills come into force if you are ill and unable to communicate your wishes about treatment, and Lasting Powers of Attorney which dictate what will happen if you become mentally incapacitated and unable to manage your affairs.
This article is free to republish provided the authors resource box below remains intact.
Simon Wagner has many years experience in Contesting A Will and specialises in the Inheritance Act 1975 from his Shropshire based law firm Martin Kaye Solicitors.
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