DISPUTES ABOUT WILLS AND TRUSTS

The numbers of wills that are being disputed by those left behind are on the increase.  It is much more common than it was for beneficiaries to challenge the way a will was written and to question how it was drafted.

The main reasons for this are rising asset prices and the growth in complicated family structures as more people have second families and different sets of children.

There was one case where a daughter who had nursed her parents during their final years but who did not feel it fair that she got the same share as her 2 brothers. Another example a child who was left out of the will not because he was loved any the less, but because he was financially better off and in less need of help.

Even after recent house price falls, house prices now average £177,000, up 145 per cent on 1998 when they averaged £72,000.  Share prices are also up about 29 per cent on where they were five years ago.

Sometimes starting a dispute is just a way of getting back at the family.

BPK encourages clients to talk through difficult issues with their loved ones, especially where it is intended to give more to one child than the other.  It is far better to talk through the issues now than leave problems and heartache for others to be deal with after your death.