Dear editor,

As a contentious probate lawyer, I deal with disputes on wills and estates every day, each with its own complexities. This year we have already seen various wills contested in the media, but less regarding the ‘why’ or ‘how’ of these disputes.
Wills are usually disputed by family members that expect to receive an inheritance, but do not, and are often left feeling hurt and resentful.

Although courts don’t like to, sometimes they are required to delve into the long history of a family to deliver justice. The situation becomes even more complex when a second or third family is involved. Does someone making a will leave their assets to a second spouse or partner in preference to children from a previous relationship?

Does that person leave their estate to children from a previous relationship in preference to their current partner? Should the estate be shared?

None of these questions have right or wrong answers, as each estate and family dynamic is different.

Often family members will challenge the validity of the will, which requires us to look for any legal technicalities, such as the will being signed with two witnesses present.

Alternatively, the will may be challenged under the Inheritance Act 1975, which allows family members or dependents to claim financial support from a deceased person's estate if they haven't received "reasonable financial provision".

To avoid disputes on the distribution of an estate, ensure that the will is clear and concise. A solicitor who specialises in wills will not just prepare a clear will but ensure that the appropriate file notes are there to support capacity and carry out final wishes.

Stephen Lawson, Chair of the Law Society Wills & Equity Committee