
Rise of probate disputes linked to DIY Wills in Middlesbrough
3 Minute Read
Recent statistics reveal an increase in inheritance disputes, this rise is partially due to DIY wills. DIY (Do-It-Yourself) wills are created without professional legal assistance, often using online templates or kits. They are often riddled with errors, leading to costly disputes and complications.
Many people make their own wills without getting advice from legal experts, especially on important issues such as challenging family situations and complex assets. This trend of DIY wills is expected to lead to disagreements among beneficiaries or challenges to the validity of the will, ultimately resulting in probate litigation.
What is a Probate Dispute?
A probate dispute can arise when there is a disagreement or conflict regarding the administration of a deceased person’s estate. These disputes can involve various issues, such as the validity of the will, the interpretation of its terms, the distribution of assets, the actions of the executor, or the rights of beneficiaries.
Common causes of probate disputes include allegations of undue influence, fraud, lack of testamentary capacity, improper execution of the will, or conflicts among heirs.
Resolving probate disputes often requires legal intervention and can involve court proceedings to ensure that the deceased’s wishes are honoured and the estate is lawfully administered.
The risks of DIY Wills
For those with complex family situations or more complicated financial situations, such as foreign investments, international properties, or financially dependent individuals, a DIY will is not advisable. Companies providing will templates do not take responsibility for the correct execution of the will and mistakes can prove very costly.
If a will is deemed invalid, the rules of intestacy will determine the distribution of your assets.
The importance of properly drafted Wills
Properly drafted wills can prevent probate disputes. A well-planned will minimises the likelihood of successful challenges. Professional advice during will preparation can also save significant amounts in inheritance tax, particularly with transferable allowances between spouses
Trusts, if used correctly, can protect assets and provide for children effectively. For disabled beneficiaries, a detailed will prevents financial abuse and protects assets or the future.
If you created a will while in a relationship that has since ended without a divorce, your ex-partner could still inherit. Without a will, cohabiting partners do not inherit under intestacy laws and very often it is important that a co-habiting partner should receive benefit, for example to allow them to bring up young children.
Your personal Wills consultation
It is important to receive expert legal advice when dealing with a Probate Dispute. Askews Solicitors are experts at estate planning and will offer bespoke solutions for you and your family.
While DIY wills may seem convenient, the potential for disputes and the costs associated with resolving them can far outweigh the initial savings.
How our solicitors can help
Our Wills and Probate team has the specialised knowledge and experience needed to offer transparent advice. We are dedicated to continuous training and development to keep our expertise up-to-date and relevant. Askews Solicitors have been meeting the legal needs of Teesside and the North East of England for over 90 years.
For further details or to get in touch with our team, please call us at 01642 475252 or reach out through our enquiry form.
Or, visit Wills & Probate to learn more about our services.
This content is for informational purposes and is not intended as advice of any kind.