Bereaved families are spending in excess of £100,000 on will dispute court cases because end of life conversations are not happening until it’s too late. Death and its financial impact remain a taboo subject, with two thirds (66 percent) of Brits not talking about their end of life wishes at all with their loved ones despite inheritance disputes being on the rise by 65%[1].

A will is the only legal way to specify what you want to happen with your assets when you die, yet new polling from Lime Solicitors has found that worryingly, more than a quarter (26 percent) of people do not know or are unsure how to approach preparing a legally binding will.

Just one third (33 percent) of people have spoken to the people they are closest with about their end of life wishes. This generally increases with age, but shockingly still stands at just 37 percent of people aged over 55 years old.

The Covid-19 pandemic has had a notable impact on the end of life narrative, with over a quarter (26 percent) of people agreeing that the pandemic has made them consider preparing a will. This highlights the importance of ensuring your wishes are fulfilled in the case of an unexpected or sudden death. It is essential that this shift in mindset sees more wills followed through with and prepared going forward.

London law firm Lime Solicitors are launching their Let’s Talk About the End campaign calling on the public to begin speaking with their loved ones about their wishes after they die from an earlier age and raising awareness of the will making process.

Alongside this, the firm is asking the Government to reassess the formalities around will making to ensure processes are in line with the technology led world we now live in, and to implement some of the proposals made by the Law Commission as a result of their public consultation on reforming the law of wills. The Covid-19 pandemic catalysed a shift in will making processes and showed that changes could be made, allowing wills to be witnessed using video technology.

Lime Solicitors believe it is important that these changes are made permanent, and that further changes are made, such as allowing the court to dispense with some of the will-making formalities where a deceased person’s wishes are clear. Other countries, most notably Australia, have such legislative provisions and it is high time similar changes are made in England and Wales.

Liz Pryor MBE, CEO and Founder of end-of-life charity, The Anne Robson Trust comments: “My mother Anne died unexpectedly, after an extremely unpleasant week in hospital. Not only did my family have to cope with the shock and grief of her death – we also discovered that her will was not up to date. This caused a huge amount of upset – some of which continues 12 years on.

“This experience led me to set up the Anne Robson Trust to support people who are dying, and their loved ones. We help NHS hospitals across the country to set up teams of ‘end of life’ volunteers who sit with dying patients. These amazing volunteers have made over 10,000 visits to patients in their last days, many of whom have no other visitors at all.

“Last year we set up a helpline to provide emotional support people who have received a terminal diagnosis, or someone who will soon lose a loved one. The helpline is free to call and it provides help, comfort, and equips people for what comes next. Please call if we can help you – on 0808 801 0688.

“It can be uncomfortable to talk about death, but I encourage people to be brave. Talk to your loved ones. It will give you both peace of mind and can help avoid a lot of mess and upset in years to come.

“Our ‘My Wishes’ guide is a free resource to help with this conversation. It is a checklist of things you want your family or friends to know in the event of your death, and where to find important information. Filling this out and discussing with a loved one could be one of the most important conversations you’ll have.”

Andrew Wilkinson, Head of Inheritance Disputes at Lime Solicitors comments: “End of life wishes have been a taboo subject for too long and not talking about them can result in heartbreak and financial loss for bereaved families. As contentious probate lawyers, we sadly see all too often how difficult it can be for families when things go wrong after a loved ones passes away, and where disputes could have been avoided had proper conversations taken place, and had a proper will been put in place. We also see situations where someone dies, having clearly expressed their wishes, but those wishes are not implemented, because of a failure to comply with strict legal processes.

“The current law does not allow the court to dispense with the formalities of a will, irrespective of the circumstances, even when it clear that the terms of their will (or the intestacy) rules do not reflect their wishes. We think that such a provision should be brought into law, but even that is not the answer alone. Everybody should have a will in place.

“The Law Commission’s three-year review of the law surrounding wills is currently paused, and the timetable under review, but the pandemic has shown that changes can be made to the rules surrounding wills. Further changes are desperately needed in order to bring the will making process into the 21st century.

“We want to see a timetable set for the early implementation of the recommendations made by the Law Commission, in order to make the will-making process more streamlined, and to help remove the barriers in place for the significant number of people currently unaware of how to approach creating a will. We also think that the court should be allowed to dispense with the will-making formalities in appropriate situations.

“We would urge the public to talk about their end of life wishes with their loved ones and to take proper advice in order to ensure that their wishes are implemented.”