When you pass away, the last thing you expect is to cause disagreements between loved ones, but sadly this is all too common. In this article, we’re going to provide three tips for avoiding a probate dispute after you die.
When probate is contested, it means that someone is disputing the administration of the deceased person’s estate. This can concern a number of different things, from undue influence to fraud.
When you pass away, probate disputes can, unfortunately, happen, which for family members can be upsetting on top of their already experiencing grief. There are, however, ways to reduce the likelihood of a probate dispute occurring, from talking to family, to leaving a fair, equal inheritance and more.
To find out three tips for avoiding a probate dispute after you die, keep reading…
What Types of Contentious Probate Disputes Are There?
Contentious probate disputes can happen for various reasons. Common examples include:
- Lack of testamentary capacity – when someone prepares a Will, they must have mental capacity and understand what a Will is and exactly what they are putting into their own
- Lack of knowledge and approval – where the deceased did not understand the contents of the Will
- Undue influence – where the deceased was influenced by another when drafting their Will
- Inheritance (Provision for Family and Dependants) Act 1975 – where a person who relied on the deceased did not have reasonable financial provision
- Fraud
- Forgery – where the Will was forged, or the signature was forged
- Forfeiture – where the deceased was unlawfully killed, aided, abetted, counselled or procured by a beneficiary
- Incorrect execution
- Creditor claims – where the deceased owed money to an individual or business and the creditor brings a claim against the estate
For more information on contentious probate and the types of disputes, see help and advice’s article on Contentious Probate In 2022.
How Can You Prevent Probate Disputes?
1. Choose a Reputable Solicitor to Write Your Will
Picking the right solicitor from the get-go is crucial. You want to take a look at reviews, compare their services to other firms, see what their services include, arrange an initial discussion to put across your circumstances, see if they have accreditations, etc.
Word of mouth is often one way to find a good solicitor, but one person’s experience of a law firm might not be your own. If someone recommends a solicitor to you, make sure that you do some due diligence yourself before jumping into anything.
A good Will writing solicitor will do everything in their power to ensure your Will is drafted correctly and follows the required process, so it is classed as valid. A solicitor can also provide advice and guidance to make sure your Will is as tax efficient as possible and help to sidestep potential disputes after you pass.
2. Talk to Your Loved Ones About Your Choices
The best way to put a dispute to rest before it can even begin is by discussing your choices with your loved ones once you have made the decision.
You should not have to feel like you need to justify your actions, but if you have made a decision which you recognise could be considered controversial, it might make sense to explain your reasoning so they are aware and ready to expect it when you pass away.
Talking about your choices allows your loved ones to completely understand your views and intentions and helps them come to learn that the decisions you made weren’t a mistake or a forced view. Doing this will likely stop contentious probate from happening in the future.
3. Update Your Will Every Five Years
Often people presume when they have written a Will that one it’s done and dusted and they never have to write a new one again, but that is not the case.
Generally, you should update your Will every five years so that it exactly reflects your current circumstances, and when you experience a significant change in life, such as getting married, divorced, having a child, purchasing property, etc., you should update your Will so that it echoes this.
Updating your Will so that it aligns with your current circumstances can help to prevent any contentious disputes in the future.
Take the Precautions Before It’s Too Late
What we can conclude from our article is that it’s essential to prepare for the future, even the one you won’t be in. Studies into contentious probate have determined that one in four Wills are challenged, with the expectance of this increasing. See Legal Future’s article on why the rise in contentious probate cases is set to continue for further information.
Please be advised that this article is for general informational purposes only, and should not be used as a substitute for advice from a trained wills and probate professional. Be sure to consult a wills and probate professional if you’re seeking advice about your will. We are not liable for risks or issues associated with using or acting upon the information on this site.
