What happens when siblings contest their parents will?
You would expect that the death of a parent would bring siblings closer together. However, the reality is often that sibling rivalry, whether long-standing or recent, often intensifies during such a time. Emotions run high, and grief can ignite various conflicts, especially when the parent’s will does not distribute assets equally among the siblings. This unequal distribution can lead to a brother or sister contesting the validity of the parent’s will. This post will explain what happens when siblings contest their parents will?
The laws of England and Wales do not stipulate that parents have to provide for their children after their death, nor are they required to distribute their assets equally among them. Unsurprisingly, when a parent intentionally excludes or disproportionately favours one child over another in their will, it frequently sparks disputes regarding the will’s validity from the disappointed offspring. Such disputes often involve accusations regarding the quality of care provided to the parent or the underlying motives behind the sibling’s relationship, further escalating the emotional turmoil and anger between them.
What happens if your sibling contests your parent’s will?
If your sibling decides to contest your parents will they will place a Caveat on the estate. This prevents anyone from obtaining The Grant of Probate, delaying the administration of the estate until the dispute is resolved. In instances where the Grant of Probate has already been issued, you or the personal representative of the estate would be requested to place the estate administration on hold pending investigation. Personal representatives must be neutral regarding such claims otherwise they could find themselves personally liable if the estate was distributed incorrectly. You, however, as a beneficiary, do not need to be neutral and you can defend the claim brought by your sibling.
You can expect to receive correspondence known as a ‘Letter of Claim’ which will detail the claim and the grounds for making it. It will also include evidence to support the claim, such as medical records or notes and evidence from witnesses.
At this point, I would advise you to seek legal assistance, as you are then considered to be on notice of claim and you will need guidance on how to respond appropriately. Your response unsurprisingly known, as a ‘Letter of Response’ and should include the evidence that supports your assertion that the will is valid. You can include suggestions for resolving the dispute at this point too.
This is likely to be a very stressful time for all concerned. As with any legal dispute, there will be a great deal of correspondence going back and forth between all parties. You should be advised how to proceed and defend the claim, also whether it has any merits.
Court cases are expensive and distressing at the best of times and, in cases where siblings contest their parent’s will, it is made even worse. My advice would be to try to avoid the courts by coming to an agreement. If feelings are running high, which is inevitable they will be, mediation would be a sensible option. Mediators are neutral and work with both parties to assist with setting the claim and reaching an agreement that works for all parties. The mediation sessions are usually run remotely which means the involved parties do not have to see each other or speak directly to one another, which again, can diffuse tensions.
If you have any concerns about your siblings contesting your parents will or if you find your sibling has instigated a claim, or you need general advice on Will writing please don’t hesitate to contact us https://beesandco.com/contact/
Also see the Government website about Death and Bereavement: https://www.gov.uk/browse/births-deaths-marriages/death
John Bees
