Rise in will dispute claims
Everys Solicitors’ head of claims and disputes has cited the changing structure of the modern day family as one of the major reasons for a rise in claims against wills.
Gay Cherryson, an Everys partner based in Exeter, has many years of expertise specialising in a wide variety of claims involving wills, estates and trusts and has acted for family members, beneficiaries, charities, executors and trustees.
She said: “We see far more complicated family structures now. You used to have a husband, wife and two children and it was very straightforward. Now it’s complicated with step-parents and step-children often involved, there are often more generations to think of, and a much higher proportion of cohabiting couples.
“Despite the changes seen in the modern family, well over half of people do not make a will, which means that some loved ones can miss out and those who were financially dependant on the person who has died are left high and dry…unless they make a claim.”
Ms Cherryson continued: “I would always say come and see us and talk to us about your concerns and we will see if we can help you out. We will let you know what needs investigating and whether or not there is a real prospect of getting a result for you.”
Many people put off seeking legal advice as they have concerns about the costs. Everys offers a free one-hour initial consultation to assess your case and discuss possible methods of funding. Sometimes it is possible to work on a no-win, no-fee basis or agree that legal costs will be paid from the settlement received afterwards. There are also loan schemes available and many people unknowingly already have Legal Expenses Insurance which might cover their case.
Ms Cherryson, who graduated from Oxford University before returning to her roots in the South West to eventually settle in Silverton, has worked for Everys for 12 years and believes it is a firm with the flexibility to consider each case on its own merits.
“It is a great firm,” she said. “It still gives personal service and still has flexibility. We look at cases on an individual basis and we look at how we can help them, including creative solutions to help them fund their case”.
Other areas of dispute concern whether a person had mental capacity to make a will and knew and understood what they were signing, and whether all the formalities were complied with. These disputes feature much more where there is a “homemade will”.
And, from time to time there are instances of wills made on poor legal advice. Sometimes there is recourse against the original solicitor.
It is also important that once made wills are stored safely and securely, because a missing will leads to a whole separate area of dispute.
Ms Cherryson concluded: “Most disputes are settled out of court. Mediation is ever popular and often leads to more creative and satisfying solutions for whole families.
“We understand this is an emotional time. Dealing with death is hard enough; disputing a will is more distressing still: the will is perceived by many people as the last communication from the deceased and that is why it is so important, not just financially, but from an emotional perspective. People need someone they can really talk to.”
Ms Cherryson is based in Exeter but is happy to travel to Everys’ other branches, which include Taunton, Honiton and Exmouth, and is also willing to see clients out of normal working hours. Call her on 01392 848924.
If you haven’t yet made a will or due to changes in family or personal considerations you wish to review your will, Everys’ will department can be called on 01404 540968 when we can discuss our fixed fees. Making a will is not as expensive as people think and the benefit to your loved ones of ensuring they are provided for and disputes avoided is immeasurable.
