How to Avoid Fighting Over the Family Silver

One of the recent big growth areas for solicitors is the increase in what they call contentious probate work, disputes arising within families over what should happen to a deceased’s estate, either when the contents of a Will are disputed or there is no Will at all.

That trend has certainly been noted at local solicitors Thatcher + Hallam where George Persson is a partner in the firm and a specialist in trust and probate law.

‘The sad reality is that we are also seeing an increase in Will disputes,’ reports George. ‘I say ‘sad’ because this often involves effectively one member or part of the family commencing court proceedings against other members of the family. Inevitably, sometimes these disputes cannot avoid becoming personal. We have seen families split down the middle which is why as experienced solicitors we do everything we can at the outset to ensure that any potential dispute over a Will is nipped in the bud.’

George Persson and his colleagues see Will disputes arise for a number of reasons, including defective DIY Wills and purported ‘Wills’ being produced by unqualified, unregulated and uninsured will writing companies.

‘I think that these days as well there is also an element of a sense of ‘entitlement’ and even greed which spurs on some claimants,’ adds George.

Proceedings taken to challenge payments out of an estate (whether a Will is made or not) are taken under the Inheritance (Provisions for Families and Dependents) Act 1975. The Act was passed to ensure that there is protection for those left who are vulnerable and still reliant on financial support but who are not catered for by the deceased’s estate (whether or not a Will is made).

‘Typically, this will involve either an unmarried partner where there is no Will, or when a child has been excluded from any financial protection or provision,’ says George. ‘It can include a claim being made by an adult over 18, where for example he or she may still be dependent on financial support to assist with any continuing education or even medical needs.’

What advice can George give to avoid a family ending up fighting over the distribution of the family silver in the courts?

‘It is simple,’ says George. ‘Do what every adult should do and go and see a solicitor in order to make a Will to ensure that your wishes upon death are not going to be misinterpreted. At the same time advice can also be received on how best to avoid potential challenges. It is not expensive to make a Will. If a dispute does arise, then not only can families be torn apart but the hard-earned money sitting in the deceased relative’s estate is simply going to be eaten up in court and legal costs, instead of going to the surviving members of the family.’

For further advice and assistance contact George Persson either on 01761 414646 or at gpersson@th-law.co.uk