Monday, 15 August 2016

How To Avoid Will Disputes In ‘Silver Divorce’ Cases?

'Silver Divorces', or divorces between those over 65 have become quite common in the past few years, advise Curry Popeck, solicitors in Harrow, Middlesex. With an increasing number of people opting to divorce later in life, there’s a growing trend for will disputes to arise within the families, with inheritance disputes mainly occurring between children and partners from first and second marriages.
According to Curry Popeck, solicitors in Harrow, ‘Silver Divorces’ often lead to family disputes because of outdated Wills. In the absence of a Will, rules of intestacy apply which states that the widow or the widower receives the first £250,000 of the value of an estate.

The disputes largely arise from the children who had expected to inherit the parental property but are then left disappointed.

Before their divorce, the couples usually assume that they will leave everything they have to their children, but when they remarry after their divorce and fail to update their will, disputes arise between their new family and the children from the previous marriage

“Disputes of this kind can be avoided by having someone ensure that the Will is up-to-date and the interests of all the possible beneficiaries are taken care of”, state Curry Popeck, Harrow solicitors.
Apart from that, it is important to seek early advice on how to avoid contested court proceedings. Such situations can be stressful to deal with, where people who had carefully planned for life after retirement are faced with a situation like this. It is therefore important to carefully understand the factors that will influence the division of available assets.

The understanding of the issues and having a specialist by your side, who has a good understanding of such cases, will permit the divorcing couples to reach an agreement and avoid the possible risks and costs of contested court proceedings.

The division of assets may be complicated by tax issues and many other factors, so advice from an expert who has good experience of dealing with such issues is very important.

In the absence of expert guidance and lack of understanding of such issues, negotiations break down and an opportunity to reach an amicable agreement may be lost and the parties can be forced to turn to the court.
If you are faced with a similar situation, you should contact Curry Popeck’s experienced solicitors who will advise on the form of the Will, appointment of executors/guardians and also on how assets could be distributed. They will also help you structure the Will in the correct way in order to avoid future disputes. Even if your circumstances have changed and your Will is no longer applicable then they will help you amend it to help you avoid contested court proceedings. 

If you have any questions relating to the issues raised in this article, please contact Curry Popeck on 020 8907 2000 or visit:-

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