Do not forget costs and tax

Tax planning should be an integral part of the strategy in any will dispute. Tax advisers should be involved from the start and their advice should be updated as the dispute evolves.

The parties should also keep in mind the costs of the dispute, including the costs that will be incurred by other parties. It is common for the court to order that all parties’ costs should come out of the estate – even the costs of the losing parties. Those costs will all reduce the assets available for the beneficiaries, and in an extreme scenario it is possible for a party to end up worse off after winning the litigation than had they not pursued it at all. Very few are likely to thank their adviser if they find that their litigation has left them worse off.

So what are the major lessons? 

Clients can and should take steps to minimise the risk of a will dispute, but if you cannot avoid one, be strategic, stay calm and make sure you know what end result you want. 

Jonathan Arr and Elizabeth Doherty are partners and Jacob Ward is a senior associate in the private client disputes team at Macfarlanes