Disputes over wills and inheritance can be deeply distressing for families in Verwood, particularly during a time that is already emotionally difficult. Whether you are an executor facing challenges from beneficiaries or a family member who believes a will does not reflect the true intentions of a loved one, understanding how to approach these matters is essential. At Marley Solicitors, we regularly assist clients in the Verwood area with resolving inheritance disputes efficiently and compassionately.
In this guide, we explore common causes of will and inheritance disputes, the legal routes available to challenge a will, and practical steps for resolving issues with minimal conflict.
Why do inheritance disputes arise?
There are many reasons why disputes over a will or estate may occur. These include:
- Lack of testamentary capacity: If the deceased was not of sound mind when the will was made, it may be considered invalid.
- Undue influence: If someone pressured the deceased into making or changing a will, the document may not reflect their true wishes.
- Improper execution: A will must meet specific legal requirements to be valid. If it is not properly signed and witnessed, it may be challenged.
- Exclusion of dependents: Certain family members, such as spouses or children, may feel they have not been adequately provided for and can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
- Disputes between beneficiaries: Even when a will is valid, disagreements can arise over the distribution of assets, the interpretation of clauses, or the actions of executors.
How to determine if a will is valid
A valid will in England and Wales must meet several conditions under the Wills Act 1837. These include:
- The will must be in writing
- The person making the will (the testator) must be over 18
- The testator must have the mental capacity to make a will and understand its implications
- The will must be signed by the testator in front of two witnesses, each of whom needs to sign it
If any of these conditions are not met, the will may be considered invalid, and the estate may be distributed according to the rules of intestacy or a previous valid will.
When can you challenge a will?
If you believe a will does not reflect the genuine intentions of the deceased or that it fails to make reasonable provision for a dependant, you may be able to challenge it. There are several grounds on which a will can be contested:
Lack of capacity
If the testator lacked the mental capacity to understand the nature of making a will, the will can be contested. This situation often occurs when a person has been diagnosed with dementia or another form of cognitive impairment.
Undue influence or coercion
Where a person has been manipulated or pressured into making or changing a will, it can be challenged. This is difficult to prove, so legal advice is essential.
Fraud or forgery
If a will is found to be fraudulent or forged, it can be declared invalid by the court. This includes instances where signatures have been faked or pages of the will have been replaced.
Lack of proper execution
Any deviation from the formal signing and witnessing requirements can render a will invalid. Mistakes are more common with homemade wills.
Claims under the Inheritance Act
Family members or dependents who have not been adequately provided for may bring a claim under the Inheritance Act. This is common in situations where cohabiting partners, stepchildren, or estranged relatives are excluded.
How inheritance disputes are resolved
Resolving a dispute over a will or inheritance can be a sensitive and complex process. There are several stages involved:
Seek legal advice early
It is important to speak to a solicitor as soon as you suspect an issue. Early advice can help clarify your position and determine the best course of action.
Mediation and negotiation
In many cases, disputes can be resolved without going to court. Mediation offers a structured environment for parties to come together and find a mutually acceptable resolution. It is often faster, less stressful, and more cost-effective than litigation.
Court proceedings
If mediation fails, court proceedings may be necessary. A judge will examine the evidence and decide whether the will should be upheld or set aside. This can be a lengthy and expensive process, so it is often considered a last resort.
How Marley Solicitors in Verwood can help?
At Marley Solicitors, we understand that inheritance disputes are personal and emotionally charged. Our team in Verwood offers clear, practical advice tailored to your circumstances. Whether you are contesting a will, defending a claim, or seeking guidance on administering an estate, we are here to support you every step of the way.
Our services include:
- Assessing the validity of a will
- Advising on claims under the Inheritance Act
- Supporting executors facing disputes or legal claims
- Representing clients in mediation or court proceedings
- Helping clients defend their inheritance from claims
We pride ourselves on providing a compassionate and professional service, helping clients in Verwood resolve disputes with dignity and care.
Time limits for contesting a will
One of the most important factors in any inheritance dispute is timing. The deadline for challenging a will depends on the type of claim:
- Inheritance Act claims must usually be brought within 6 months of the grant of probate
- Claims for fraud or forgery may not have a fixed time limit, but it is always best to act promptly
- Other challenges, such as those based on lack of capacity or undue influence, are typically subject to a 12-year limit from the date of death
Missing a deadline can result in your claim being struck out, so seek legal advice as early as possible.
Preventing disputes in future
If you are making a will and want to reduce the risk of a dispute after your death, consider the following steps:
- Use a solicitor to ensure your will is legally sound
- Discuss your intentions with your family to avoid surprises
- Include a letter of wishes to explain your reasoning
- Review your will regularly and update it as your circumstances change
- Consider appointing a professional executor to handle your estate impartially
Taking these steps can reduce the likelihood of conflict and provide clarity for your loved ones.
Speak to a solicitor in Verwood today
Disputes over wills and inheritance are never easy, but with the right support, they can be resolved fairly and effectively. Marley Solicitors is here to help clients in Verwood navigate these challenging situations with confidence.
If you are facing an inheritance dispute or need advice on contesting or defending a will, contact our friendly team today. We offer expert guidance tailored to your needs and are committed to achieving the best outcome for you.
