Inheritance Claims Disputes

Whenever patriarchs or matriarchs in families leave, do they really get to leave in peace? The heirs, whether biological or adopted, legal or customary, deserving or otherwise, are often a big headache when they surface to stake a claim in the deceased's estate. The rewards are great, and not pursuing a claim, as noble as that may be, is usually too much a loss to bear.

In a recent Court of Appeal decision that rejected an inheritance claim based on a valid customary marriage and even a biological relationship to the deceased, it must have been painful for many who came unprepared for the rigours of lengthy and acrimonious litigation.

Click image: FMT website for the full report.

The costs and disruption to the transition process and completion of administration of a person's estate will often extend for many years. Had the patriarchs or matriarchs written a comprehensive Will to expressly set out the fate of every potential heir and beneficiary (either to receive or, where appropriate, even to disinherit them), claims and disputes of such kind may not progress to litigation. And even if they did, they will often be determined expeditiously by the courts. How is this so? The answer is relatively straightforward. Courts will lean towards enforcing the wishes of the deceased, as after all, who can have the best say in deciding a person's personal affairs? That person will invariably be the deceased himself/herself.

If you anticipate complicated family dynamics and have a genuine desire to do what you can to ensure your chosen and preferred heirs inherit with minimum fuss, Generations-ASIA can assist you in writing such a Will. Mouse over to our 'Contact Us' tab and click on 'Enquiry' to make your appointment for a free first consultation with our experts.