'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disputes because of outdated Wills.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:-
http://www.currypopeck.com/
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