Typical will disputes and the probate law behind them

There are countless reports about families falling out over a loved one's estate

, but there are a few categories that these disputes usually fall into. The example below outlines one of the typical disputes and the probate law behind it.

The first case is when an absent child appears to make a claim on the deceased's estate. This could happen when the deceased writes a will that hands the estate over to one of their children, making the child and their partner executors of the state. The motive was that the child provided the parent with the majority of support they had during the last few years of their life, and gave emotional and financial support. The absent child, who hadn't seen the parent for many years and who they shared a tense relationship with, returns to make a claim for part of the estate.

Probate law would state that the absent child was entitled to some of the estate, but not to a proportion equal to the child the entire estate was bequeathed to. Because of the contribution the child made to their parent's life, they were awarded more of the estate than the absent child.

It's a widely reported fact that one in 10 families have fallen out, and some relatives no longer speak to each other, because of wills. However, perhaps more worrying, is the statistic that most UK adults don't have a will.

If you die without a will, it's known as dying intestate and can cause even more problems for loved ones than an estrange relative appearing to challenge a will. The estate is divided in accordance with probate law, which provides for spouses and children who are biologically related to the deceased. It becomes complicated when the person is cohabiting or their partner has children from a previous marriage, because probate law means the estate won't necessarily go to them.

The best way to avoid probate law disputes is to draw up a will that clearly explains how you want your estate divided, and make sure it's valid by getting it overseen by probate law or will writing experts.

Typical will disputes and the probate law behind them

By: Luke Scott

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