Preparing a will can be stressful. When it has been completed, the individual is satisfied that their estate will be distributed following their wishes and their passing. Despite having plans in place, if a will is valid and is legally accurate, there are some circumstances under which disputes can still occur.
It is true especially in cases where the family situation is complex. There are a few common causes of will disputes and legal problems to be aware of, even if a will is valid and legally accurate – these are just a selection when preparing a will.
Invalid Execution Of The Will
Mistakes commonly occur when the will is sent to the testator by a solicitor for signing, but the testator is not vigilant in ensuring compliance with section 9 of the Wills Act. Included in this are circumstances in which witnesses to the will have not witnessed the testator signing the will. Another circumstance is that witnesses did not acknowledge the signature in their presence. If a witness is a beneficiary, or a spouse or civil partner, to the will, then the will is rendered as void.
Blended Families And Cohabitating
Another common cause of disputes is the changes in family dynamics. This has increased with the rise in blended families and cohabitating. If an individual’s family includes stepchildren or a cohabiting partner, then they would need to have a will in place to provide for their family in the way they would like to. A dispute could easily arise should the deceased not update their will following the changes in their family dynamic.
Inheritance Act Claims
For loved ones who have been left out, they are entitled to put forward an Inheritance Act claim, due to the Inheritance Act 1975. If they are struggling financially, the inheritance act claims allow a loved one, such as a spouse or civil partner, to claim the deceased’s estate. The claim will help them financially to continue living the standard of life they had before the individual passing away.
When researching how to claim your inheritance, consider seeking the support of experienced solicitors such as Hugh James. The years of experience and wealth of knowledge that the team possess allows them to help those with the inheritance act claim procedure.
Belief The Estate Is Being Administered Incorrectly
For some, they might not have any issues regarding the will itself. Instead, their issue is with how the will is being administrated. It can be a particular issue if an individual who has been appointed as an executor is being hostile, ineffective or who might simply appear to not being their job correctly.
In some of these cases, the beneficiaries may not receive what they believe they are entitled to. Other times they might feel as though the executors are taking too long to distribute what is due.
One of the best ways to minimise the risk of dispute and legal problems from occurring is to plan and make sure a will is valid and is legally accurate. Write a will with a professional will-writing service to ensure that there is nothing is missed. Following your passing, your assets will be given to those you wanted them to go to, without any issues occurring.
