Inheritance disputes between siblings
Losing a parent is never easy, and things can become even more upsetting if arguments arise between siblings about who should receive what from their parent’s estate. This article highlights some of the chief causes of inheritance disputes between siblings and explains how they can be avoided or resolved.
Dying intestate
Dying without having made a will is one of the biggest causes of quarrels between siblings when a parent dies. Without a valid will, the estate will be distributed according to the strict rules of intestacy. Accordingly, anything left after the deceased’s spouse has taken their share (up to £270,000, and half of the remaining estate) will be shared equally between their children, despite the wishes of the deceased.
If the parent is not married, the entire estate is shared equally between their children. This may cause sibling resentment, particularly if one child was estranged from their parent but they receive the same amount as the sibling who cared for the parent and expected to inherit more.
Different amounts left to siblings
It is extremely common for siblings to fall out when a parent leaves one of them more than the other. Everyone is entitled to leave their estate to whom they wish; however, if someone depended financially on the deceased but is not adequately provided for, the will may be capable of being challenged under the Inheritance (Provision for Family and Dependents) Act 1975. Furthermore, if a sibling has been promised a larger share of the estate, but this was not specified in the will, they may be able to make a claim.
Will validity
If someone is unhappy with what they have been left in a will compared to another sibling, and they are suspicious about the discrepancy, they may mount a challenge claiming that the will was not validly drawn up according to the Wills Act 1837. This Act requires a will to be signed, witnessed, made voluntarily and without duress. In addition, the will should be made by a person of sound mind.
A sibling may claim that their brother or sister put undue pressure on their parent to draw up the will in their favour. Alternatively, they may claim that the deceased was not mentally capable of deciding who should receive assets in the will.
Mirror wills
Many married couples draw up mirror wills leaving all their estate to one another. Problems can arise with such wills in blended families where there are children from a previous relationship.
If a testator dies leaving everything to their new spouse, when that spouse dies, all of their joint belongings would go to their children, leaving the earlier children of the deceased parent with nothing. The surviving spouse is also perfectly entitled to draw up a new will, giving everything to their own children, with the original testator’s children receiving nothing.
Step sibling disputes can be avoided if the testator drafts a bespoke will leaving specific amounts to their own children, or drawing up a will trust giving a spouse assets or income from the estate during their lifetime, which then allows the testator to state who they want to pass on the trust property to after the spouse dies.
Dispute resolution
If a sibling wants to contest a will, going to court should always be viewed as a last resort, particularly when you consider the amount of time and money such a course of action can attract. Alternative dispute resolution methods such as mediation, collaborative law or family arbitration are generally less expensive and time-consuming. In addition, it is less confrontational which makes it more likely that the family rift can be healed.
Mediation involves an independent third party sitting down with the siblings and their legal representatives helping them to talk through their issues, without taking sides. Collaborative law involves a sit-down meeting between siblings, with all parties accompanied by their own collaborative lawyer who offers legal advice and possible solutions to the problem.
Arbitration may be appropriate if the division between the parties is more severe, because they do not have to be in the same room during the arbitration process. As in court proceedings, a final decision is made by the arbitrator after hearing all the arguments. This decision is binding on all those involved.
How Judkins can help
Our team of solicitors advise on all types of inheritance disputes, including issues between siblings. They can outline all the grounds for a possible challenge, suggest the most appropriate form of alternative dispute resolution, and, if the case has to go to court, handle all the paperwork, collate evidence, and offer specialist legal guidance and expert representation in court.
For further information, please contact us here or 01992 500456 or email us as mail@judkins-solicitors.co.uk