{"id":5244,"date":"2023-12-06T10:37:18","date_gmt":"2023-12-06T10:37:18","guid":{"rendered":"https:\/\/www.redkitesolicitors.co.uk\/?p=5244"},"modified":"2023-12-11T11:33:16","modified_gmt":"2023-12-11T11:33:16","slug":"the-rise-of-inheritance-wars-the-importance-of-making-a-will","status":"publish","type":"post","link":"https:\/\/www.redkitesolicitors.co.uk\/legal-news\/the-rise-of-inheritance-wars-the-importance-of-making-a-will\/","title":{"rendered":"The Rise of \u2018Inheritance Wars\u2019 \u2013 The Importance of Making a Will"},"content":{"rendered":"

Inheritance claims have been on the rise in England and Wales in recent years, with the Ministry of Justice reporting that the number of contested wills being heard at the High Court has reached an all-time high. In 2019, the High Court heard 188 such cases, a staggering increase of 47% from the previous year.<\/p>\n

With changing family dynamics, there has been an increase in second marriages and blended families. The Courts are now busier than ever with these types of family disputes. Yet many people think that these so-called \u2018inheritance wars\u2019 affect only those with a vast fortune like Bernard Matthews, the well-known turkey farmer. This seems a world away from normal life. However, since channel 5 launched a documentary series called \u201cInheritance Wars: Who Gets the Money?\u201d, real-life \u2018inheritance wars\u2019 have been laid out for all to see. According to the show, an astounding one-third of beneficiaries are unhappy with what they have received under the terms of a will and 25% of beneficiaries will challenge the will itself.<\/p>\n

The case of Diana Coad<\/strong><\/p>\n

In episode two of the documentary series, we meet former politician and model Diana Coad, who upon the death of her husband in 2013, engaged in an expensive and lengthy legal battle with her stepchildren over his will.<\/p>\n

Diana married her husband Peter in 2005, but their married life was fraught with health issues. Prior to his death in 2013, Peter decided to update his will, which Diana explained was done in an effort to provide for her. Unfortunately, at the time of his death, Diana discovered that the new will had not been signed. This meant that Peter\u2019s previous will made in 2005 would stand. This will provided Diana with a right to live in the family home for as long as she wished, with the estate subsequently being split 50\/50 between Diana and her stepchildren. This was a stark contrast to the new will that left the family home, comprising the bulk of Peter\u2019s estate, solely to Diana.<\/p>\n

Unhappy with her share of estate and at odds with her stepchildren over Peter\u2019s wishes, Diana brought a claim seeking further provision from his estate, a move which was vehemently opposed by her stepchildren. However, her claim was struck out by the court, and it was ordered that the family home was to be sold to pay the money she owed to her stepchildren.<\/p>\n

Diana\u2019s case shows the real-life difficulties of blended families and how a person can feel aggrieved if they have not received what they expected to inherit or what they think that they deserve.<\/p>\n

Why is Having a Will Important?<\/strong><\/p>\n

The sad case of Diana Coad demonstrates the importance of ensuring that you have provided for your loved ones after your death. With more complex family relationships and cohabitation on the rise, there can be no doubt that having a will in place that accurately reflects how you wish for your estate to be distributed after your death is vital.<\/p>\n

Without a valid will in place, the rules of intestacy prevail, which may mean that those you wish to provide for will receive nothing from your estate. Many people will be shocked to know that these rules may mean that their loved ones will not be taken care of after their death. Relationship types, such as cohabiting and unmarried couples are currently overlooked by the intestacy rules.<\/p>\n

Having an up to date will that reflects your current situation and takes into consideration any major life event is crucial.<\/p>\n

Making a will <\/strong><\/p>\n

According to a recent survey, over half of UK adults do not currently have a will in place. Many think that making a will is something to consider in later life, yet overlook what would happen to their loved ones in the event of something unexpected happening.<\/p>\n

The only requirements for making a will are:<\/p>\n