Disputes concerning inheritance matters are increasing amongst families leading to court proceedings often in the High Court. This is due in some part to people writing their own wills rather than having one professionally drafted by a solicitor and also by people attempting to administer an estate, as an executor, and not receiving professional assistance.
Home made wills are a legal minefield and can contain omissions, errors and serious ambiguities.Share This:-
“I’ve Been Disinherited By My Parents Will” is a common cry for help we at the Solicitors Information Service have been hearing recently.
People unable to get onto the property latter and an ageing population with rising levels of dementia are the key factors boosting a rise in disputes over wills. The recent Supreme Court case Ilott v The Blue Cross and others has confirmed that a will should be left intact unless exceptional circumstances prevail e.g. as provided in the Inheritance (Provision for Family and Dependants) Act 1975.
Legal commentators have predicted a massive surge in court cases as people try and test out whether they have a valid claim.Share This:-
A recent case has highlighted the need for a reputable solicitor to be instructed when preparing a will.
The client approached a well known high street bank and was charged £90 for its will writing service. This service is unregulated. The client passed away last year and left half of his property in his will to his daughter. However he jointly owned the property with his wife who was not his daughter’s mother. Due to this joint ownership the property passed in whole to his wife. For the will’s provisions and the client’s intentions to be met the joint tenancy would have had to have been severed by a notice of severance at the time of executing the will.
The daughter is now suing the bank for her share of the property’s value in the High Court.Share This:-