Sun, sea and … family arguments: the contentious probate version

The somewhat illusive British summer has finally arrived just in time for the summer holiday period. With families using the sunnier weather as an opportunity to meet for a picnic, barbeque or go on vacation, these gatherings can often lead to underlying familial strains bubbling to the surface – particularly when it comes to matters involving inheritance.

Rather than allowing tensions to spill over, we take a closer look in this article at how probate and private wealth disputes can be navigated in the hope that the only ‘heat’ for all comes from the gloriously sunny weather – and not any breakdown in family communications!

Why would there be a family fall out?

With increasing numbers of individuals who either do not have a Will or do not regularly update their Will, it is no surprise that when complicated family dynamics are also factored in, there has been a huge rise in probate disputes in England & Wales.

You might think that this won’t affect you …but it might!

Where there is a death, there can be a dispute. You might be expecting an inheritance when your loved one dies, you might have provided financial support to your family member and expect to be recompensed upon their death, or you might have been in a long-term relationship with an individual who has not yet got around to making their Will.

There could be other concerns such as:

If the deceased had mental capacity at the time of making the Will, or if there is any question over if they knew what they were doing.

If the deceased was pressured by someone to adapt their Will in a certain way.

If the Will was properly witnessed.

If the Will was done by a professional, or just through a DIY website.

If the executor is doing their job properly or acting in a suspicious manner.

Inheritance and probate disputes can affect all families and relationships, irrespective of wealth and financial circumstances.

What should I do if there is an issue?

To reduce the temperature of your summer festivities, there are multiple different ways in which you can navigate choppy waters.

Keep calm: remaining composed is important. Airing your grievances may feel therapeutic, but it is crucial that you do not inadvertently end up saying something which you later regret.

Talk through your options: seek early advice. If you have concerns, speak to a professional. For certain aspects of probate disputes, time is of the essence. For example, there is a limited six-month window within which to act if you are minded to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Even if there is no pressing deadline which applies to your particular set of circumstances, seeking early advice from a solicitor who specialises in dealing with probate disputes enables you to fully understand your position, agree your strategy and position yourself so that any dispute can be resolved at the earliest possible opportunity.

Talking it through: whilst people are often fixated on having their ‘day in court’, the vast majority of inheritance disputes are capable of being resolved before formal court action is necessary – including through mediations, where a form of shuttle diplomacy (aided by a third party mediator acting as ‘go between’) enables parties to talk through their issues, try and narrow the issues in dispute between them and attempt to reach some form of settlement. Refusing to talk, or hearing what the other side has to say, can quite often be detrimental to the chances of a successful and early resolution of the dispute.

The pre-departure check-in

Whilst the world of probate disputes seems at odds with airports, suitcases and sunnier climes, it is important to be aware of the scope for disputes to arise in respect of the death of a loved one. Pre-planning can avoid the unnecessary escalation of disputes and can enable family relations to be maintained before they are stretched too far – or even broken.

If you do find yourself with a storm on the horizon, Birketts’ specialist Private Wealth Disputes Team is on hand to ensure that your upcoming holiday is as stress-free as possible.