Family relationships when estate planning

It is well known that good tax planning helps preserve an estate’s assets yet many lawyers overlook the simple expedient of structuring wills to avoid costly disputes. These can decimate assets and delay their distribution. Further challenges to wills are becoming increasingly common. A recent poll by Direct Line suggested that 24% of UK residents would contest a loved one’s will if they were unhappy with the division of assets. Claimants made more than 8 100 applications to halt probate in 2017 and that figure increased by 6% last year.

Rights and claims

The idea of freedom of testation has deep roots in English law. A person generally has the right to do with their property as they please. However if challenges occur the deceased cannot clarify their intentions. Consequently the legal grounds for challenging a will are narrow. They include factors such as a lack of...