Avoiding Will Disputes
Unfortunately sometimes the death of a loved one can leave a family in confusion and turmoil, which is the last thing anyone would want during a time of sadness and grief.
In most circumstances a will is arranged before a death, but there are often times when there has been no will written, such as when someone dies suddenly or unexpectedly. There is also a chance that if the will was written near the death then decisions could have been rushed and sometimes it could look as though the friend or family member was heavily influenced when they were writing it.
Case Study
One example which illustrates the complex nature of not writing a will is this.
The case involved a couple who each had sons from previous relationships, and had made only an oral agreement for mutual wills. The agreement was that when either one of the two passed away, the estate that they owned would pass on to the other partner.
The other partner would then be bound by an irrevocable trust to leave the estate to their sons, both of which would receive equal shares.
When the surviving partner passed away, some 15 years after the first her son disputed that there had ever been an oral agreement that would entitle the other son to half the share of the estate.
This resulted in an unprecedented volume of legal proceedings that ended in the Court of Appeal, who decided that their had been an oral will.
The result of this case may have this time been in favour of the truth, but these results were not achieved without considerable trauma, stress and expense, all of which could have been avoided if there had been a will in place.
Conclusion
The sad truth is that if you don't prepare your will before its too late then it can have catastrophic effects for your family.
The best thing to do is get in touch with a professional and sensitive solicitor as soon as you can to arrange the writing of your will.
If you feel you would to arrange your will then please contact us on any of the following methods:
Call: 0800 1979 345