in the know If you need help to resolve a dispute, please contact Susanna Mayfield on 01263 712835 or email susanna.mayfield@hayes-storr.com
by Susanna Mayfield Associate Solicitor Hayes + Storr
Inheritance disputes between siblings Losing a parent is never easy, and things can become even more distressing if quarrels arise between siblings about who should get what from their parents’ estates. Dying intestate It is very important to leave a will and keep it under regular review. If someone dies without a will, their estate will be distributed according to the intestacy rules. The determination of how the estate will be distributed shall be determined upon which relatives are living at the time of death, which can be complicated. Whilst we cannot detail the application of the intestacy rules in full here, the current rules dictate that a surviving spouse shall receive all personal property, the first £322,000 of assets and half of the remainder of the estate. Anything remaining after the spouse has taken their entitlement will be shared equally between their children. Even
estranged children will receive an equal benefit. Different amounts left to siblings A parent may choose to leave one sibling more than another or disinherit a child. The English legal system is hailed for allowing individuals to leave their estate to whoever they please. However, if someone is financially dependent on the deceased and is not left sufficient benefit in their will, the court can order that reasonable financial provision is made for the claimant from the estate. Additionally, if a sibling has been promised an interest or a larger share of the estate but this promise is not reflected in a will, they may have an action in proprietary estoppel. Will validity If someone is unhappy with the share they have been left in a will and they are suspicious about its contents, they may consider challenging the will on a number
of grounds including: improper execution, lack of testamentary capacity, want of knowledge, duress/coercion or undue influence. A sibling may, for example, claim that their brother or sister put undue pressure on their parent to draft the will in their favour. Dispute resolution Where a sibling wants to contest a will, going to court should be considered the last resort. Alternative dispute resolution (ADR) methods are available which are usually less costly, confrontational, and timeconsuming than court proceedings. How a solicitor can help Our Dispute Resolution Team advises on all inheritance-related disputes, including between siblings. They can outline the grounds for potential claims, suggest an appropriate form of ADR and, if the case must go to court, they can collate evidence and provide advice and guidance throughout the court process.
This article aims to supply general information but is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek our specific advice.
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