Recent figures reported by UK Law firm Birketts show a significant rise in contentious probate cases in England. The trend has been linked to several factors, including complex family structures, an ageing population, increased wealth being passed between generations, and poorly drafted Wills. It is likely that this is a trend that is also happening in Scotland.
Why are Will disputes increasing?
Families today are often more complex than they were in previous generations. Second marriages, cohabiting partners, stepchildren, estranged relatives and blended families can all create situations where expectations around inheritance differ.
At the same time, many estates are now more valuable, particularly where a family home is involved. This can unfortunately increase the likelihood of disagreements after someone dies.
There may also be concerns about whether the person making the Will had capacity, whether they were placed under pressure, or whether the Will truly reflects their wishes. These issues can be difficult, emotional and costly for families to resolve.
A Will should give clarity, not create uncertainty
One of the main purposes of making a Will is to make your wishes clear and reduce the risk of disputes after your death. However, if a Will is poorly drafted, vague or inconsistent, it can have the opposite effect.
Problems can arise where:
- the wording of the Will is unclear;
- assets are not properly described;
- family circumstances have not been fully considered;
- important beneficiaries have been overlooked without explanation;
- the Will has not been properly signed or witnessed;
- there are concerns about capacity or undue influence; or
- the Will has been prepared without a full understanding of the person’s circumstances.
A homemade Will or a very basic online Will may appear to save money at the time. However, if it later leads to a dispute, the financial and emotional cost to the family can be far greater.
Why specialist legal advice is important
When you instruct a solicitor to prepare your Will, they should do more than simply write down who is to receive what. A solicitor with expertise in Wills and estate planning will take proper instructions, consider your family and financial circumstances, advise on any potential areas of risk, and ensure the Will is drafted clearly.
They can also keep a proper record of the advice given and the instructions received. This can be very important if the Will is ever questioned in the future.
For example, where there is a possibility that someone may be disappointed by the terms of the Will, a solicitor can help ensure your reasons are properly discussed and recorded. Where capacity could be questioned, additional steps can be considered to reduce the risk of a future challenge.
Peace of mind for you and your family
Making a Will is not just about deciding who should inherit your estate. It is about providing certainty, reducing stress for your loved ones, and helping to avoid unnecessary disputes at an already difficult time.
A properly drafted Will, prepared by a solicitor with the right expertise, is one of the best ways to protect your wishes and your family.
If you are considering making or updating your Will, our experienced Private Client team can provide specialist advice to ensure your wishes are clearly recorded and your Will is properly drafted. Contact us today to speak to a member of our team.
DISCLAIMER
The content of this page is for information only. It is not intended to be construed as legal advice and should not be treated as a substitute for specific advice. Gibson Kerr Ltd accepts no responsibility for the content of any third party website to which this webpage refers. Gibson Kerr Ltd is regulated by the Law Society of Scotland.