A recent case reported by the Daily Mail highlights the importance of having a will in place.
The article details how three siblings discovered after their mother’s death that their father had a secret family, which included two additional children. Since their mother passed away first and neither parent had left a will, their father’s entire estate was set to be divided equally between all his five children.
However, in a landmark court ruling, the legitimate children won their claim over the majority of the estate, which was valued at more than £460,000. They argued that it was unfair for their half-siblings to inherit a portion of their mother’s estate because their father, Michael, had inherited her share upon her death.
The half-siblings attempted to claim that their father’s wife must have known about the affair. They argued that if she had been concerned about them inheriting the money, she would have stipulated so in a will. However, the court rejected this argument and ruled that the legitimate children would receive the majority share of the estate. The decision took into account the inheritance from their mother’s estate as well as their father’s estate.
Rise in Will Dispute Claims
In our previous article – Another Rise in Will Dispute Claims – we discussed the ever-increasing number of will disputes, which has continued to rise each year. One of the key factors contributing to this rise is the complexity of estates involving blended families, as well as claims for reasonable provision made under the Inheritance (Provision for Family and Dependants) Act 1975. However, as this case highlights, this situation is further complicated when a person dies without a will, as families may face conflicts over how the estate should be distributed. Additionally, the rules of intestacy may not accurately reflect the intentions of the deceased, leaving families vulnerable to lengthy probate disputes.
Protect Your Family by Writing a Will
By taking the time to draft a will, individuals can ensure that their wishes are carried out and their loved ones are taken care of. Moreover, a will can help mitigate potential probate disputes and claims under the Inheritance Act, saving families time, money, and emotional distress during an already difficult time. Therefore, a will is a simple yet powerful way to protect your estate and provide peace of mind for your family.
Professional and Regulated Will Writers Kingston
At Rose & Rose, we understand the significance of using a regulated legal professional when writing your will. Our experienced team of will writing solicitors in Kingston has extensive knowledge in estate planning, probate, lasting powers of attorney and will drafting. We prioritise understanding your unique circumstances and tailoring a comprehensive will that reflects your wishes and protects your loved ones.
We can also advise you on inheritance tax planning, with guidance on the most tax-efficient way to prepare your will to ensure that your nil-rate band and any other allowances are used correctly.
With our regulated and experienced legal professionals, you can have peace of mind knowing that your will is in safe hands and will be legally sound. We can register your will on the Certainty National Wills Register so you can be secure in the knowledge your original will can always be found.
Read some of our previous articles for related information:
The Importance of Using a Regulated Legal Professional When Writing a Will
Concerns Raised Over Misrepresented Legal Process in Popular TV Drama
Don’t forget about Digital Assets in your Will
Research Warns of Inheritance Risks in Blended Families
Why Using a Regulated Legal Professional is Crucial in Creating a Lasting Power of Attorney
Disputing a Will
At Rose & Rose, our specialist contentious probate solicitors can provide advice in will dispute matters, including advice related to contesting a will or defending a will dispute claim.
If you are uncertain whether you have a claim or require guidance relating to contesting a will, it is essential to speak to a reputable solicitor. It is crucial to consider the strict timeframes associated with contesting a will, so always speak to a solicitor as soon as an issue arises.
For further information, please get in touch with a member of our team below, call 0330 025 0177 or email info@roselegal.co.uk
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.
