‘ SHE SAID , HE SAID ’
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Sophie , Chartered Legal Executive and Michael Chambers ( Head of Resolution & Recovery ).
‘ SHE SAID , HE SAID ’
Avoiding inheritance wars
The recent Channel 5 Drama , The Inheritance was both gripping and tragic yet how accurate was this depiction of a family fallout after a parent dies ? Wirral Life asked Sophie Bebbington from HM3 Legal to answer the question .
Was this family dynamic far-fetched ? Sophie : I would like to say yes but families can be complicated . This drama highlighted tension between the three adult siblings when their father died suddenly , and ( spoiler alert ) when the new wife appeared , the situation escalated .
Why ? Sophie : Each sibling thought they were ‘ daddy ’ s favourite ’, believing they were all beneficiaries in the will . But a new will stated otherwise . Unknown to the siblings their father had remarried , leaving everything to his new wife , creating upset , doubt and anger . This emotional mix created a perfect storm for a dispute over his estate .
How can people avoid this situation ? Sophie : Have a valid will and just tell people it has been updated . The law recognises the latest valid will – regardless of how many wills a person has had . The Inheritance showed the recent will being challenged .
Circumstances change . Moving house or re-marrying is a perfect trigger to update a will . An expanding estate or two families becoming one can lead to increasing the value of an estate , meaning ultimately – and unfortunately – when the time comes there is more to ‘ fight over ’.
What about children ? Sophie : Some children don ’ t realise that they are not automatically entitled to inherit a share of their parent ’ s estate . People have the freedom to leave their estate to whoever they like . This can be quite a shock when a parent dies , and can lead to a probate dispute .
In certain situations , children might claim , ‘ but mum said when she ’ s gone , I could have her Tiffany necklace ’ or ‘ dad promised me the Bentley ’. Some families may work this out between them . More often they approach me and my colleague Michael for help .
Can a will be challenged ? Sophie : Yes . It is possible but before doing so , I ask people to consider what would happen if the will was successfully challenged . If there is a previous will , this would become the last valid will or if there was no will , the rules of intestacy apply . Wills can be challenged on various grounds including forgery , undue influence ( as suggested in The Inheritance ) or incorrect drafting – most common in ‘ DIY ’ or online wills .
If you believe there are grounds to challenge a will or make a claim against an estate , then you should contact an experienced disputed wills and probate lawyer straight away . The choice of lawyer is also vitally important . Choose someone who is sensitive and listens , and can achieve results .
Does Sophie at HM3 Legal sound like your kind of lawyer ? Contact : Hello @ HM3Legal . co . uk
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