Inheritance challenges on the increase
An increasing number of people are challenging wills and intestacy, says agricultural solicitor David Kirwan.
“Every week I have someone come to me wanting to challenge a will. Twenty -five years ago we were not so litigious – now everyone wants to have a go but the costs of litigation are so high that there may be nothing left at the end of it,” warns Mr Kirwan, from Merseyside firm Kirwans.
Common situations included children, other relatives and occasionally acquaintances working or helping out on farms with the expectation that there may be some reward in future.
Those who failed to get what they thought or understood they were entitled to were now more likely to take action. “People can feel that they have stayed and helped out and effectively put their life on hold.”
“Be careful what you promise – land can pass on a handshake, promises can be made verbally or implied. Many years later these may be forgotten, can be misinterpreted or intentions may change.”
David Kirwan
High land and property prices were adding to the impetus for challenges to wills. Far too many farming families were also still leaving things to chance where wills and inheritance were concerned, warned Mr Kirwan.
Problems also arose through vague or old arrangements and understandings.
“Be careful what you promise – land can pass on a handshake, promises can be made verbally or implied. Many years later these may be forgotten, can be misinterpreted or intentions may change.”
Wills can only be challenged on narrow grounds, including:
- Undue influence – where the person making the will is put under pressure by others
- Validity – was the person making the will of sound mind?
- Dependency – where an individual can show that they were dependent on the deceased