Make a will or you could end up courting disaster

ALMOST half of Britons would take family or friends to court if they didn’t inherit what they expected following the death of a loved one.

This is Dying Matters Awareness Week and solicitors are urging people to draw up a watertight will to head off family disputes or potential court proceedings.

Nazia Nawaz, head of contentious probate at Ramsdens Solicitors, said that family members can contest a will if the person writing it was not of sound mind or manipulated by others.

A spouse, civil partner, child, cohabitee or financial dependant could also contest a will simply because they disagree with its contents. “You could make an Inheritance Act Claim if you feel you have not received sufficient financial provision,” said Nawaz.

Almost six in 10 have not got round to drawing up a will, making disputes more likely, especially where couples were not married or in a civil partnership.

If one partner dies unexpectedly, the survivor is often plunged into financial uncertainty.

Katie de Swarte, a contentious probate specialist at Osbornes Law, said unmarried couples have no automatic entitlement to inherit anything, no matter how long they have lived together.

“Even if you are married, if there is no will and you are not a registered owner of your property or a joint tenant, any children you have would inherit part of the house you live in.”

She added: “It’s not uncommon for people to make a claim against their own children for a share of their partner’s estate.

“It is not a comfortable situation for anyone.”