When a loved one passes away without leaving a will, it can lead to uncertainties and disputes among family members regarding the distribution of the estate. Resolving a will dispute in the absence of a will requires careful consideration of legal provisions and effective communication. Here are three tips to navigate a will dispute when there is no will:

Tip 1: Understand the Intestacy Rules

In the UK, when someone dies without a will, the estate is distributed according to the rules of intestacy. Familiarise yourself with these rules to gain clarity on how the estate will be divided among the surviving relatives. The intestacy rules prioritise certain individuals as beneficiaries based on their relationship with the deceased.

For example, if there is not will and the deceased had a surviving husband/wife or civil partner but no children, the entire estate usually passes to the husband/wife or civil partner. However, if there are children, and husband/wife or civil partner a child only inherits from the estate if the estate is valued at over £322,000. If there are two or more children, the children will inherit in equal shares.

Understanding the intestacy rules will help you assess your entitlement and negotiate with other family members, if necessary.

Tip 2: Explore Mediation or Alternative Dispute Resolution

Disputes over the distribution of an estate can strain relationships and prolong the resolution process. To avoid the time, expense, and emotional toll of going to court, consider exploring mediation or alternative dispute resolution methods.

Mediation involves appointing a neutral third party who facilitates discussions between the disputing parties. The mediator helps identify common ground, encourages open communication, and guides the parties towards a mutually acceptable solution. Mediation can provide a less adversarial and more cooperative environment, allowing family members to express their concerns and work towards a fair resolution.

Alternative dispute resolution methods, such as negotiation or arbitration, can also be considered depending on the nature of the dispute and the willingness of the parties to engage in the process. These methods provide an opportunity to reach a resolution outside of the courtroom, promoting a more amicable and efficient outcome.

Tip 3: Seek Legal Advice and Representation

Navigating a will dispute without a will can be complex, especially when multiple parties are involved. Engaging the services of a qualified probate solicitor who specialises in will disputes is highly recommended. A solicitor can provide valuable legal advice, assess the strengths and weaknesses of your case, and guide you through the process.

A skilled solicitor will help you gather the necessary evidence, such as family relationships, financial information, and any relevant documentation, to support your claim. They can also represent your interests during negotiations or court proceedings, ensuring your rights are protected and advocating for a fair distribution of the estate.

Our team has extensive experience dealing with Contentious Probate matters.

We are sympathetic, understanding, and are here to help you every step of the way.

We are here to help. We can get it sorted. It’s what we do. Call us. It’s free to ask.