How to manage will disputes: A guide for beneficiaries and families – Will disputes have become quite common in the UK, with as many as 10,000 people in England and Wales disputing wills every year, according to recent reports. These family conflicts often arise during already emotionally charged periods following a loved one’s death, making it essential for beneficiaries and families to understand how to go through disputes effectively whilst preserving relationships where possible.
1. Common Causes of Will Disputes
Most will disputes come from a handful of recurring issues that can often be prevented through careful estate planning and family communication. Unclear wording in wills leads to disagreements about the deceased’s true intentions, particularly when beneficiaries interpret ambiguous language differently or when technical legal terms create confusion. Allegations of undue influence are another source of conflict, especially when vulnerable elderly testators have been in close contact with particular family members or carers who subsequently benefit disproportionately from the estate. Family members might suspect coercion if the will changes from previous versions or excludes close relatives without explanation.
2. Legal Grounds for Contesting a Will
The English legal system recognises specific grounds upon which a will may be successfully contested. Lack of testamentary capacity requires proving that the deceased did not understand the nature and effect of making a will, the extent of their property, or the claims of potential beneficiaries at the time of execution. Undue influence involves showing that someone exerted pressure on the testator that overcame their free will, going beyond persuasion to actual coercion. This differs from simple influence, which remains perfectly legal and common within families. Claims of fraudulent calumny involve proving that someone made false statements about potential beneficiaries to influence the testator’s decisions, whilst formal validity challenges focus on whether the will complies with the strict requirements of the Wills Act 1837, including proper witnessing and signature procedures.
3. Steps to Take When a Dispute Arises
When facing a potential will dispute, the initial response often determines whether the conflict escalates or resolves amicably. Begin by gathering all relevant documentation, including copies of current and previous wills, medical records, and correspondence that might show the deceased’s intentions or mental state. Direct communication between family members, preferably facilitated by neutral parties such as solicitors, can sometimes resolve misunderstandings before they develop into formal disputes. Many conflicts arise from poor communication instead of genuine legal issues, making early dialogue very important. If informal discussions prove unsuccessful, seek specialist legal advice from contentious probate solicitors who can assess the strength of potential claims and outline available options.
4. Mediation and Alternative Dispute Resolution
Alternative dispute resolution methods have gained some traction in family disputes, offering less adversarial approaches than traditional litigation. Mediation has shown an overall settlement rate of 89%, according to the Centre for Effective Dispute Resolution, making it an effective tool for resolving inheritance conflicts. Family mediation allows all parties to discuss their concerns in a controlled environment with a trained neutral mediator who facilitates communication and helps identify potential compromises. The process remains confidential and voluntary, allowing families to retain control over the outcome rather than having a judge impose a solution.
5. Financial Implications and Funding Options
Will disputes can involve substantial legal costs, particularly when cases proceed to trial. Average legal fees often exceed £13,000 per claimant, with complex cases potentially costing more. These expenses can quickly erode the value of the disputed estate, making cost-effective resolution strategies essential. During prolonged disputes, beneficiaries might face financial pressures whilst awaiting resolution, particularly if they were relying on their inheritance for essential expenses or debt payments. An inheritance advance loan can provide access to funds during the dispute process, allowing beneficiaries to meet immediate financial needs without compromising their legal position. Various funding options exist for will disputes, including traditional legal aid for qualifying cases, after-the-event insurance to cover adverse costs, and conditional fee arrangements where solicitors agree to reduced or deferred fees. The UK government has also introduced compulsory mediation for small claims under £10,000, reflecting the system’s commitment to lowering litigation costs through alternative resolution methods.
Understanding these financial considerations helps families make better decisions about how to approach will disputes, balancing the costs of different resolution methods against the likely outcomes and emotional toll of prolonged conflict. Professional guidance on both legal strategy and funding options often proves invaluable in achieving satisfactory resolutions whilst preserving family relationships where possible.
Poppy Watt