The St John Webster’s are currently locked in a legal battle over who inherits the family’s 17th Century Jacobean manor house in a row that is threatening to tear the family apart.
Linda Cummins, head of wills at legal firm, Goldsmith Williams, said:
“Unfortunately, this is a common problem.
"Disputes often arise after pivotal members of the family pass away and if wishes are not outlined clearly, and Wills or Trusts not professionally drawn up, or there is any question of suspicion surrounding the circumstances in which the instructions were given, there is a real risk of encountering dilemmas that can have negative repercussions on family dynamics."
In the case that is expected to conclude before Christmas, Rupert St John Webster believes the family home, owned by his late grandparents, is his after he says they assured his father the ‘family seat’ would be passed to him through primogeniture.
His two aunts and uncle, however, dispute Rupert’s claim, saying it was their parents’ intention to break the line of the eldest son of a male heir inheriting the property and rather share the home jointly between all their children.
Linda continues:
“Disagreements over estates, whatever their size, can spiral out of control as people lose sight of the bigger picture and pursue their issue as a point of principle.
"When this occurs people are all too often prepared to go to court which frequently ends up with the estate being eroded by legal fees."
Ambiguous wording, vague gifting, beneficiaries that are not clearly identified and issues of undue pressure or mental capacity can all lead to conflict which is why Linda believes it is vital to get a Will or Trust drawn up properly.
Presently, anyone can set up as a will writer and, worryingly, will not be regulated.
In contrast, solicitors have to undergo years of specialist training. They are regulated by the Solicitors Regulation Authority – an independent body of the Law Society in England and Wales that regulates solicitors and solicitor practices.
Solicitors are also required to have professional indemnity insurance, complaints policies and compensation procedures so that if a Will or Trust has been badly drawn up, those that have been wronged can seek redress.
Linda concludes:
“People seem to view Wills and Trusts as morbid and most of us don’t want to think about them unless we’re over 50 or seriously ill.
"The fact is, whatever your age, if you want to make sure the people who you want to inherit, do so and, equally, for your Will to have the legal effect you desire, it needs to be drawn up correctly and professionally, so that there are clear and undisputable instructions as to who gets what and that the Will complies with all the legal requirements to make it valid.”
