Inheritance disputes and protecting your children

It’s long been the plot line of Sunday afternoon TV dramas: a wealthy industrialist dies and his second wife, the evil step mother, denies his children from a former marriage from receiving any of his estate. Families have changed a lot since this was a staple of Columbo. According to Census data in 2021 there were 781,000 step-families or blended-families as these are sometime known. Estimates place the current number at closer to 2.2million blended families in the UK. The increase in blended families has also seen a rise in the number of Wills being disputed in the Courts. In 2022-23 more than 9,600 Wills were disputed. That’s a 40% increase compared to 2019-20.

Challenges to Wills are incressing

When someone believes that a Will doesn’t reflect the true intentions of the deceased they can challenge it through the Courts. This process is called entering a caveat. Once a caveat has been entered the executor of a Will is prevented from distributing any inheritances until the challenge has been resolved by the Court. In 2023 an average of 839 caveats were filed each month. As well as the emotional turmoil of legal proceedings at a time when a family is grieving, legal costs can soon mount up and even wipe out any inheritance.

A Will from before you remarried should be updated

If you wrote your Will before your remarried your children may not receive the inheritance that you want them to. Since your Will was written before you remarried your estate will go to probate, the same as if you had no Will ( a condition known as intestacy). If you have no children this may not be a problem, since your spouse or civil partner will inherit everything under intestacy rules. (You should be aware that whilst living with a partner is often referred to as a common law spouse, such a term does not exist in the Law.) If you do have children, and your estate is valued at more than £322,000, then your spouse inherits all of your personal property, belongings and the first £322,000 of your estate. The remainder of your estate will be split, with your spouse receiving half and the other half being held in Trust for your children until they reach the age of 18. If your estate is valued at less than £322,000 then your spouse gets everything and your children receive nothing.

The way to avoid such a situation is to have an experienced solicitor draw up your Will. This will ensure that your intentions are set out unambiguously and less likely to be challenged. At B and L Solicitors our highly experienced team are here to help. We’ll answer any questions you have and will advise you – in plain English – of how the Law works.

To arrange a FREE 30 minute consultation, text us on 017451 260 743 or call 020 8288 3522.

Legal disclaimer

The articles published on the website are intended to be for general information purposes only. These articles do not constitute legal advice, nor should they be used as a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, either express or implied, is given as to their accuracy, and no liability is accepted for any errors or omissions. Before acting on any of the information contained in any of these articles, expert advice should be sought.

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