Lawyer Monthly Magazine - February 2019 Edition

FEB 2019 32 Expert Insight www. lawyer-monthly .com What types of trust and probate issues are most likely to turn contentious? All cases have the ingredients for conflict to arise. They all involve people with often differing views and expectations as to what and how much they should receive when someone passes away. If there are complicated family dynamics, that can add a flavour to cases which can then turn sour. Fewer than half of all adults claim they have a will 1 . It depends on the strength of relationships between the individuals concerned, how much is at stake, what expectations people have and whether there is scope for conflict. Issues can arise from the very start over funeral and burial arrangements, even before the terms of the will are made available to the family. Another factor that can complicate matters is when there are issues that involve capacity. Dementia is the most common cause and it is something that is likely to become more prevalent over the next few years. There is currently no cure for dementia and as we are faced with ESTATE PLANNING Trust Me! How to Plan Life after Death And the Dangers of a DIY Will With fewer than half of the UK adult population having wills, it is no surprise that matters in this area can become heated and contentious. Paula Myers is the National Head of the Will, Trust and Estate Disputes team at Irwin Mitchell Private Wealth and discusses when disputes arise, why there is an increase of contentious trust and probate matters and what can be done to reduce this. Paula Myers National Head of the Will, Trust and Estate Disputes Team, Irwin Mitchell Private Wealth