According to statistics released by the High Court, the number of will and inheritance disputes rose by a staggering 486% between 2006 and 2007. This may be connected to the massive rise in the value of estates over recent years. As people struggle financially to cope with the credit crunch, and the increased cost of living, they seem to be more willing to challenge a will or estate. Some people do not always know that they can bring a challenge, or that Legal Aid is sometimes available to help pay for legal costs.
A recent news report stated that one in four deaths has sparked bitter rows between family and friends over the inheritance of the deceased.
There are many factors that can be attributed to the rise in disputes, including:
- The value of estates being higher then ever before (in spite of the recent drop in property values)
- Second marriage families merging with children from first marriages, with no clear provision made for all
- The mistaken belief that even without a will, a spouse’s estate passes in its entirety to their widow(er) on their death
- An aging population preparing their wills later in life, giving rise to a greater number of challenges based on a lack of mental capacity
Disputes arise most often as a result of people not leaving a Will at all. The Office of National statistics have recently confirmed that in 2007, the number of registered marriages had fallen 3.3% from the previous year, to 231,450, which is the lowest number of registered marriages since 1895. Civil Partnerships have also seen a significant decrease. It would appear that couples are choosing to cohabit rather than marry, to try and save money. However, such couples have no automatic right to their partners’ estate. If the partner’s family do not agree to let them have something, the surviving partner has no choice but to issue an inheritance claim. It never fails to surprise me how often the family of the deceased turn on the partner of the deceased, despite having had a good relationship for many years.
Sometimes people are not even aware that they can bring a claim. If you are in any doubt, then contact our specialist litigation team who deal with Inheritance Disputes on 01942 777777. If you are of limited financial means, you may even be entitled to Legal Aid, and we can advise you of this quickly over the phone.
Consumer Solicitor