When planning an estate, one of the most critical steps is understanding the risks that may lead to disputes later on. Certain family dynamics, decisions, or circumstances can increase the likelihood of conflict, sometimes long after things have been set out. By being aware of these risks early, your client can take proactive steps to protect themselves, their family, and their legacy.
We have collated a list of Risk factors that, when present, undoubtedly increase the likelihood of a claim later.
The more Risk factors, the bigger the total risk your client and their family face. Not all of the Risks may apply to their situation, and we are not suggesting that every time the situation listed occurs, that there will be a claim – this is a risk profile awareness exercise:
Blended families
This setup often leads to later sideways disinheritance or fallout over how an estate from both sides of the family should be treated.
Step children
Disgruntled or disinherited stepchildren, and/or you intend to provide unequal gifting between the children. Testamentary freedom still exists, but so does the right of a child to claim for financial provision.
Capacity Challenges
These challenges are easily alleged by those trying to overrule a will. You must take protective steps for your will or other documents if you have a history or signs of neurological issues, procedures, or symptoms (including but not limited to any type of dementia). If you are aged 75 years or over, irrespective of your medical history, we suggest that a preventative capacity report is a sensible precaution to remove risk/doubt. Remember, your client will not be here to defend themselves.
Other factors
Feeling vulnerable, grieving for the loss of a loved one, or leaning towards providing for someone that is not family but has some kind of control over your client’s practical needs. Feeling obliged to provide for one child over others, they are your care providers. Anything like this (again, remember this will be alleged after your client has gone) gains momentum if there is a lack of helpful evidence to confirm that this is not the case.
Lifetime gifts
Your client may have made significant or sizable lifetime gifts to one or more of their children (inc Equity release) – to protect later allegations and disputes about whether these payments were loans, gifts, interest bearing, set off against final inheritance and so on, they really need to record what their intentions are in relation to any such payments – the risks of a disputes rise significantly where there is no contemporaneous evidence of what they intended with those payments!
Protecting Against Risk with Larke
By identifying potential issues and implementing evidence and safeguards early, your client reduces the likelihood of costly and stressful litigation for their loved ones.
This is what led to the creation of Larke (insert same link as below here), a legaltech tool designed to help will writers and their clients protect against potential claims, strengthen evidence, and minimise disputes before they even start.
And right now, it’s easier than ever to get started. Due to popular demand, we’ve extended our exclusive offer for SWW members:
- Access Larke for just £15 per will (per use) until Tuesday 30th September 2025
- Receive a free copy of Dr Eliza Filby’s Sunday Times Bestseller Inheritocracy: It’s time to talk about the bank of mum and dad with your first Larke use.
How to claim:
- Send an email with the code SWW-LVN15 to [email protected]
- Register for the IDRN resource (for free) to access Larke and unlock additional CPD, training and tools
