Court disputes over Wills are on the rise, with a 20% increase in the past year. This is according to Ali Hussain who is the Chief Money Reporter for The Times and Sunday Timies. In a recent article he quotes data from TWM Solicitors, indicating that 87 cases were heard in the High Court in 2023, up from 72 in 2022. These disputes often involve Executors who have breached their fiduciary duty, acting in a way that does not serve the best interests of the beneficiaries.

So, how can you reduce the risk of court disputes over Wills? In this post, we will explore practical steps to ensure your Will is administered smoothly and without legal battles.

Why are court disputes over Wills increasing?

Court disputes over Wills usually arise when Executors – the individuals appointed to manage the Estate – fail to follow the terms of the Will or neglect their responsibilities. Common issues include distributing assets improperly or favouring certain beneficiaries over others.

Executors play a critical role in ensuring the deceased’s wishes are honoured, but when this role is not carried out properly, beneficiaries can feel wronged and take legal action. With court cases increasing year on year, it’s more important than ever to take precautions.

How to minimise the risk of disputes over Wills

Simon Hall, founder of Simon Hall Will Writing Services, recommends a thorough approach to Estate Planning, starting with understanding family dynamics.

“When we meet with clients, we create a family tree to get a clear picture of the relationships involved,” he says.  “This helps us identify any potential areas of contention. We also ask whether anyone is being excluded from the Will, as this is often a trigger for disputes later on.”

By taking time to discuss your family’s situation and making clear, well-communicated decisions in your Will, you can reduce the chances of a future court dispute over your Estate.

Choosing the right Executor

One of the most common sources of court disputes over Wills involves executors. As many solicitors have found, a significant number of legal claims come from breaches of fiduciary duty, where Executors fail to act fairly or responsibly. Appointing the right Executor is, therefore, essential to avoid problems.

Simon explains: “We ask our clients key questions: Do you know, like and trust the person you are appointing? What is their relationship with the other beneficiaries? Where do they live and are they of an age where they can handle this responsibility?”

Naming someone as an Executor just because they are a spouse or child may not always be the best option. Think carefully about how well they will manage your Estate and interact with other beneficiaries. Simon and Linda Hall and the team at Simon Hall Will Writing Services would be happy to discuss any doubts you have and help you make the safest choice.

What happens if a dispute arises?

Even with careful planning, disputes may still occur. In cases where no suitable executor is available or disagreements arise, a government-appointed Public Trustee may step in. However, this can lead to higher costs and delays in managing the Estate, which is why it is so important to plan ahead and avoid this scenario where possible.

What should you do next?

At Simon Hall Will Writing Services, we specialise in reducing the risk of court disputes over Wills. By discussing your family’s situation, writing clear instructions in your Will and choosing the right executor, we can help ensure your Estate is managed smoothly when the time comes.

Don’t leave your Estate to chance. Book a consultation with us today and take the first step towards creating a Will that truly reflects your wishes – without the risk of legal battles for your loved ones.

Also read: Why you shouldn’t leave your Will to the last minute