Inheritance disputes on the rise

A boom in asset prices and an increase of people living with dementia have contributed to a surge in the number of inheritance disputes heading to court in England and Wales. Lawyers are warning that family squabbles over wills are on the rise as unscrupulous relatives, partners and even professional carers take advantage of vulnerable elderly people, while the stakes are greater for heirs thanks to higher value estates. Recent fights over estates in the High Court include that of an 85-year-old woman whose three sons complained their sister had “poisoned” their mother’s mind against them so the daughter could inherit her house. In another case relatives of an elderly woman alleged that one of her daughters coerced her into denying other family members a share of the estate. The court in both those cases invalidated the wills. However, solicitors said successful claims were difficult to bring, and some called for the law to be toughened to reduce scope for financial abuse.

In one of the hearings in the protracted dispute between the relatives of the 85-year-old woman, the judge said any financial benefits for the parties from pursuing litigation had been “seriously depleted” by legal costs. “The outcome is a tragedy for the whole family,” he said. Fraser said more arguments could be avoided if heirs were told in advance how assets were to be divided, preventing unwelcome surprises. “By having those difficult conversations, you’re limiting the possibilities of later challenges,” she said

Make sure you keep your Will up to date and discuss it with your family so that there is no room for misunderstanding. Contact me for help.