We spend so much of our lives striving to fulfil our dreams and achieve our ambitions.
So, the fulfilment of our wishes shouldn’t cease to matter when we pass away – and this sentiment is echoed by solicitors in the wills, trusts and probate teams at Slater Heelis.
John Gorner, a consultant solicitor in dispute resolution and his colleague Alex Sealy, partner and head of wills, trusts and probate at Slater Heelis, are collaborating in an industry-first approach to ensure your final wishes, whatever they may be, are fulfilled long after you’ve left this world behind.
The collaboration comes as the pair have noticed a significant increase in the number of disputes to wills, and the heartache and devastation this can cause between family members. The pair are striving to make the process of writing and executing the wishes within a will as fair, straight-forward and stress-free as possible.
John said: “In the past three or four years, we have noticed a real increase in the number of challenges to wills on all sorts of grounds. People make allegations when they’re disappointed, when they perhaps thought they were entitled to half of a parent’s estate but later learn they’re only due to receive a sum of say, £10,000.
“Unfortunately, whilst people do try to respect the wishes of their late loved one, disappointment and a sense of entitlement can take over, and lead them to challenge the terms of the will. We really want to limit these disputes, as it’s not pleasant for anybody, and by working together early on, at the point of a will being written to identify any possible issues we feel may arise later down the line, we’re doing a lot of damage control to mitigate such issues as early and efficiently as possible.
“The problem is that in the past, solicitors haven’t thought 10, 20 years down the line about the disputes that could potentially occur. They haven’t stopped to think about what action can be taken here and now, not necessarily to stop the dispute, but to reduce the chances of it happening and to make it much more difficult for a claim to succeed.
“The idea of our teams working together is, I believe, very unique and unusual. I don’t think any solicitors are already doing what we’re doing, certainly none that I have come across. If they were doing it, we’d have seen evidence of it. Down the line when somebody has died, when we look at the related documents, we’d notice if they’d been drafted by a litigation lawyer, but we’re not seeing any signs of that.
“Alex and I will work with clients to ensure their wishes are protected, we will anticipate any potential disputes we feel could arise later down the line and do our absolute best to mitigate, to minimise issues for families and ensure everyone is happy when a will is executed.”
Alex specialises in the drafting of wills and deals with the administration of estates, as well as dealing with issues around mental capacity. For his team, it’s vital to bring John’s team on board as early in the process as possible, to identify and apprehend any possible risks.
Alex said: “Unfortunately, the rise in disputes has caused a lot of anguish for families, and causes huge rifts and breakdowns in family relationships.
“We often receive disputes about whether a person was in a fit state to draft their will, and quite often an aggrieved party will make up a scenario in which they suggest the parent, for example, was put under pressure or duress by one of their siblings or another beneficiary.
“It’s sadly becoming very common, as are disputes about whether an executor is acting with neutrality. Often, where property is concerned, a beneficiary may be living in a property that has been left to multiple relatives, which always causes problems. So, the issues we’re facing are really varied and we strive to anticipate and alleviate them as early as possible.
“Both our teams have the legal acumen and empathy, but joining our skills in this collaborative approach will have enormous benefits in ensuring we can fairly fulfil a person’s final wishes with minimal conflict and heartache.”
Whilst John and Alex have noticed a rise in probate disputes, the fact remains that 99% of such cases settle outside of court. This is largely due to the fact that whilst there’s an active dispute, no part of an estate can be released to a beneficiary.
So, it’s in every party’s interest to settle before a dispute makes it to court, and both John and Alex strive to make this happen.
Alex said: “We’re keen to preserve estates as much as possible, and it makes no sense for two conflicting parties to pay separate legal fees to battle in court when working with myself and John from the offset for a much smaller fee can eliminate all issues before they arise. We see daily cases of sibling rivalry, brothers and sisters falling out over their parent’s estate, it’s tragic and it really can be avoided.
“Many people think it’s expensive to have a professional executor rather than a family member. But actually, it turns out to be a lot more cost efficient sometimes, because we can stand back and be a lot more neutral. We know what we’re doing and we can resolve issues without accumulating enormous legal fees. In the long run, it saves a lot of money, and a lot of heartache.”
If you’re thinking of writing a will, or you’re hoping to receive some legal advice, the team at Slater Heelis will offer you a free initial consultation to discuss your wishes and options available to you.
“We work with people hand in hand to ensure all bases are covered, and there are extensive notes to cover every element of a will to minimise disputes,” Alex added.
To find out more about how John and Alex and their dedicated teams can help you to prepare your will, visit the Slater Heelis website here.
To discuss an existing conflict, contact the team by filling out their contact form, or call the office on 0161 969 3131.
