Pensioners rewrite wills in New Year after holiday family fallouts

Older people are among those busy in the New Year rewriting their wills, after mounting tensions over the Christmas holidays - dubbed as ‘stressmas’ - have caused some to consider disinheriting family members.

Law firms are reporting a spike in enquiries to their offices in the New Year, with holiday tensions over everything from Brexit to board games and having one drink too many, sparking sorrow as well as joy with arguments between parents and children emerging.

Jill Rushton, head of Wills and Probate at Stephensons Solicitors LLP said: “This is especially the case when there is already a rift, whether it’s between parents and children, or even in a marriage.

“Factor in the pressure of making sure that Christmas goes without a hitch, it can all be a recipe for disaster.

“Blazing rows, from which some relationships might never recover, often spill over into something more serious. At this point those who have written a will are often motivated to disinherit troublesome heirs.”

Stephensons Solicitors is a law firm with offices throughout the UK, which has recorded a 114 per cent spike in enquiries in January 2019. Calls to the firm’s wills and probate team have doubled as a result of the fallout from festive fights.

It has seen the number of enquiries to Stephensons Solicitors rise from 18 December – 19 January 2019 but Jilll Rushton expects a similar spike in enquiries in January 2020.

Law firm warns wills can be challenged and overruled

Ms Rushton advises exercising caution before taking the drastic action of cutting people out of a will.

Ms Rushton added: “It’s not as straightforward as simply changing a beneficiary’s name. Recent cases have shown that a will can be challenged and overruled in the courts if it’s believed to be unreasonable or purely spiteful.

“It’s important to have legitimate reasons for disinheriting someone and for those views to be expressed clearly in a ‘letter of reasons’, which should accompany your will. This requires careful drafting and consideration.

“I would also advise informing heirs that you are planning to disinherit them, especially if they are family members. This will probably be difficult and emotional but means that beneficiaries can’t claim it was a surprise and they might be less likely to challenge it.

“One way to avoid a legal dispute is to set up a trust instead of a will. Through this you will be able to specify inheritors after you die, and it can’t be challenged in the same way as a will.”

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