Why Do Will Disputes Occur?

Will disputes can become an extremely upsetting addition to the aftermath of the death of a relative

. There are a number of reasons Will disputes occur, and a carefully drafted Will can eliminate some of the risk factors. However, some disputes occur for reasons beyond the Will itself.

- No Will: Dying intestate can cause issues for your family, particularly if your estate is at all complicated. Therefore, drafting a Will is vital to avoid any unnecessary stress for your family after you are gone.

- Multiple marriages: Re-drafting a Will after divorce and remarriage is completely necessary to keep your Will up to date and to make sure all your children are provided for. If people are exempt from the Will, and there may be any contention as to why, it may be sensible to outline reasons why within the Will to prevent any disputes over this.

- Unknown siblings: in recent years cases have occurred in which siblings appear and lay claim to a Will when the family were previously unaware of their other family members. This can be very stressful for the family, and how it is dealt with obviously tends to differ family to family depending on circumstances.

- Wills signed when not compos mentis: all Wills must be signed when the individual has the mental capacity to make their own full and considered decisions. Therefore, if an individual is suffering with a degenerative disorder such as senile dementia, a Will must be drafted before they are no longer able to fully understand what decisions they are making.

- Probate fraud: one of the most high profile cases of probate fraud is the case of Doctor Harold Shipman. Shipman was a prolific serial killer who was discovered due to a case of probate fraud in which one of his victims left him their entire estate in their Will. Obviously alarm bells started ringing for the family of the deceased and they contested the Will. There are many cases of probate fraud a year in the UK with figures having been rising rapidly since the early 2000s.

- Coercion: Being forced into a Will - if coercion is suspected the Will may be rendered void. All Wills must be entered into voluntarily.

- Negligently drafted Wills: Wills must be carefully drafted, they are a legal document and a Will is invalid if it contains errors. Some simple errors include; failing to sign the Will and failure to include a statement of mental capacity. Therefore it is highly advised to employ a specialist solicitor to help you with the drafting of your Will.

by: Paul Howe

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