Latest news with #MooreBarlow
Sky News
01-07-2025
- Business
- Sky News
'My mother passed away and left her home to my brother - now I worry I'll lose my house'
Every Tuesday, we get an expert to answer your financial problems or consumer disputes. Today, reader Richard asks... My mother passed away at the start of the year and I have just discovered that she has left her house to my younger brother, who for the last couple of years has lived at home after a messy divorce and losing his job. I suspect, but can't prove, that my brother has influenced her decision. I know for a fact I was an equal beneficiary in an older version of the will. My mother knew that I had taken out a large solo mortgage in the knowledge I'd be getting inheritance. Now, with the prospect of paying some of that off and with health problems of my own, I worry I am going to lose my house. What are my options for disputing the will? We asked Scott Taylor, partner in private wealth disputes at Moore Barlow, to tackle this one. He says: "Finding out you've been left out of a will, or that your inheritance is far less than you expected, can feel like a second loss. "It's deeply emotional, especially when it comes as a shock, and particularly if there's a sense that a parent's wishes have changed late in life under circumstances that raise concerns. "At Moore Barlow, we work with many people facing this exact situation. Sometimes there are clear reasons for an unequal distribution - perhaps one child was supported more during life, or another has greater financial need. "But in other cases, there's no explanation, and people are left trying to make sense of a decision that doesn't reflect earlier conversations or long-standing expectations. "Legally speaking, in England and Wales, everyone has the freedom to leave their estate as they choose as long as they hold the requisite level of mental capacity and have not been subject to undue influence. But that doesn't mean beneficiaries are powerless." Taylor adds: "Children of the deceased are entitled to make an application to the court for greater financial provision from an estate if they believe that reasonable financial provision hasn't been made for them - especially if they were financially reliant on the deceased or made significant life decisions based on promises of future inheritance. "It's also possible to bring a claim if you suspect the person who made the will lacked mental capacity at the time, or was subject to undue influence. This can be difficult to prove, but we often find that when a will has been drawn up professionally, there are solicitor notes or correspondence that can offer useful insight into what was going on at the time. "Another route we sometimes explore with clients is proprietary estoppel. This is where someone has acted to their financial detriment based on a promise of future inheritance - for example, taking on a large mortgage or providing long-term care or support in the belief they'd one day receive the family home. "Whatever the circumstances, the first step is always to gather information. Ask for a copy of the will, speak to the solicitor who drafted it if possible, and try to understand what's changed and why. "At the same time, it's vital to act quickly - there are strict time limits for bringing certain types of claim, and delays can weaken your position. "In many cases, it doesn't have to come down to a courtroom battle. Mediation is increasingly common in inheritance disputes, and with the right support, it can be a constructive way to air concerns, find common ground and avoid long-term damage to family relationships. It's private, less adversarial, and often far more effective than people expect. "Inheritance disputes are never just about money. They're about love, trust, family history - and trying to make sense of someone's final wishes. "We understand how difficult that can be, and we're here to help clients navigate it with empathy, clarity, and care." This feature is not intended as financial advice - the aim is to give an overview of the things you should think about.
Telegraph
24-06-2025
- Business
- Telegraph
Family inheritance disputes hit 10-year high
Family inheritance feuds have hit their highest levels in more than a decade, figures show. More than 11,300 wills were challenged last year, up from 10,410 in 2023, according to official data revealed to The Telegraph by a Freedom of Information request. The figures represent a marked increase in disputes, with challenges up 56pc from before the pandemic. Lawyers said that rising property values and larger estates mean that there's 'more at stake' . In Britain, a person has testatory freedom – the right to decide to whom or what they leave their money – in all but very limited circumstances. This is in contrast to countries such as France, where a portion of estates must be left to direct descendants. However, this principle is not absolute as those who were financially dependent on the deceased can lay claim to the estate if they are not included. To do this, the person will usually lodge a 'caveat'. This blocks the granting of probate, the vital legal document needed to distribute an estate to the beneficiaries. Last year, 11,362 caveats were issued, and it's estimated that approximately 60pc of claimants succeed. The majority were settled out of court. Less than 5pc will be successful at trial, lawyers said, and it can be very expensive. Scott Taylor, partner in private wealth disputes at law firm Moore Barlow, said: 'Rising property values mean there's simply more at stake when it comes to inheritance. The cost of living crisis has left many people viewing inheritance as essential rather than a bonus. He said: 'The concern is that there's little evidence this trend will slow as the economic screw continues to turn. Courts are already close to capacity, and that could become a serious issue in the near future before even considering the human impact on those involved.' Tamasin Perkins, partner at firm Charles Russell Speechlys, said: 'Family tensions and financial pressures are all playing a part. The rise in house prices also means that the family home is becoming more important to younger family members who cannot otherwise afford to get on the property ladder. 'At the same time, people are becoming more switched on; caveats are cheap to obtain and can be done using a simple online process and without lawyers. 'Whilst accessibility is important, this process can be open to misuse when people use caveats tactically to try to force an early settlement.' The surge in feuds comes after the Law Commission published a landmark report into wills in May, having started an investigation into the legal documents in 2016. The report found that current laws are not doing enough to protect the elderly and vulnerable from financial abuse, amid a rise in so-called 'predatory marriages'. The commission also recommended that electronic wills be considered valid, that marriage should no longer invalidate a will, and that those aged over 16 should be given the right to make a will, rather than just those over 18. And it said that more informal wills should be recognised by courts, and proposed changes to rules about when disabled or mentally incapacitated people can make decisions for themselves.
Sky News
14-02-2025
- Business
- Sky News
The rise of unequal inheritance (and what disgruntled children can do about it)
In what sounds like a plot straight out of Succession, there is a rise in parents leaving more in their will for one child than another. That's according to Scott Taylor, who heads the private wealth disputes team at legal firm Moore Barlow. It may seem unfair to leave different amounts - and Taylor has data that shows slightly less than half of Britons think it's justified - but that doesn't mean parents don't have valid reasons. Even so, children do in some cases have the right to take their parents to task over their inheritance. "We are seeing a rise in unequal wills, and usually for good reasons where one sibling may be financially better off than the other or has had more support during their lifetime," Taylor said. "But just because these reasons make sense to you, it doesn't mean they will to your children." So, why are parents doing this? There are a number of reasons why parents may weigh the inheritance differently between their children. It could be driven by the amount of financial support a child has had, be it in the form of university tuition or a house deposit, for example. One may have a better job than another, or married into a richer family, and of course it could all boil down to personal relationships. It's often the case on farms, Taylor said, that one child will be more active in the business and therefore inherit a greater share. And he has one client now opting for a "hotchpot" clause, which essentially deducts the amount of money or value of an asset transferred in life from the will. Are the children OK with this? It won't always be well-received by all children - and it's not unknown for parents to be taken to court. Taylor highlights two ways to prevent this. Firstly, and most simply, talk to them. "I'd encourage you to have open discussions with your children about your plans, to help manage expectations and reduce the likelihood of conflict," Taylor said. But if tensions are unavoidable, an independent mediator can help children "navigate their concerns and reach an agreement", he said. "It's also very successful - over 70% of mediations are resolved." What can they do if they feel hard done by? Children can take it all the way to court because they are automatically eligible to bring claims against their parent's estate. But here's the key - they need to show a financial need. "The law doesn't support claims by disappointed or disgruntled beneficiaries," Taylor said. "So, just thinking it's unfair won't be enough." From a legal point of view, "fairness" in inheritance is actually subjective, Taylor said. "You can make any decision that you like - even if you know that not everyone will like it," he added. "The key to doing it well and ensuring your wishes are respected and your family understands are planning, professional support, and clear communication. "We might not like talking about wills, but to solve tensions, it's the best way."
