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A survey organised by Central London law firm Seddons has revealed that one in four deaths now sparks a bitter bust-up between family or friends of the deceased. The study of 3,000 people on the subject revealed one in 10 have been or are currently in dispute following a death in the last six months.

It appears that the worrying rise in 'the Vulture Syndrome' has been caused by an increase in greedy beneficiaries falling out over the dead person's money, belongings or property.  Arguments arising from care issues or people's involvement with the friend or relative prior to their death are also on the increase.

The survey shows that a disturbingly large proportion of people (25%) have fallen out with friends or family following a bereavement - over a Will or the division of an estate - and 10% admitted being currently involved in such a dispute.

Such disputes can only add to the misery brought about by the loss of a loved one. In many cases such disputes could have been minimised or even avoided altogether if the deceased had prepared a properly drafted and up to date Will and discussed his or her intentions with the family before their death.

The vast majority of the disputes involved siblings, half siblings, step siblings and sisters and brothers-in-law. Whether the fault lies in old fashioned sibling rivalry or whether the blame rests with the deceased parent (playing one child off over another or simply failing to understand the natural rivalries) is not clear but I am sure that no parent wants to be the cause of arguments between their children after their death

As the majority of people surveyed (71%) were uncomfortable with the so called "Vulture Syndrome" this may explain why some individuals fail to seek legal advice when such disputes arise. Yet surely arguments between family members are less attractive than asking for a professional's objective point of view?
 
The survey also shows how bereavement can bring out underlying tensions that exist when couples divorce and remarry.  More than half (55%) of those surveyed whose partner had children from past relationships were not agreed on how to treat their joint estate upon their death. Just under 30% of those in second marriages expressed a worry that their partner might change the Will once they had died to favour their children more than their own.  These are again problems that could be avoided by more careful planning - by, for example, making provision for such matters as part and parcel of any divorce settlement.

Paradoxically, in spite of all this, over 75% of those surveyed expressed a belief that people should be free to decide how to allocate their assets.  Again, this should urge people to set out their wishes in a Will so that their choices - no matter how unusual or unpopular - are clear to the family and arguments are minimised.

The study also revealed:
 
• Most people fall out over unequal distribution of money, personal possessions and property.
• It also emerged three in ten Britons fear they will be squeezed out by family members following a relative's death.
• A quarter admitted they were worried they would end up with nothing and one in five are concerned they won't be treated fairly.
• Around 17 per cent said they'd been promised something by a relative but never received it and 37 per cent didn't trust people in their close or extended family.
• The survey also found 15 per cent would remain in touch with an elderly relative just to be included in their inheritance.
• One in five are waiting for their parents or grandparents inheritance to become financially secure.
• Worryingly, 70 per cent sought NO legal advice on how best to share assets when creating a Will.
• It also emerged 13 per cent were dissuaded from challenging a  Will by their family and one in 10 have mounted a legal challenge to a friend's or relative's  Will.

This survey supports our own findings and the official statistics which show significant increases in contentious probate actions - that is where disputes over Wills are taken to Court.  In 2007, 229,000 grants of representation were taken out.  On the basis of this survey, there are likely to have been over 50,000 disputes in that year alone.  Many of these disputes could have been avoided altogether and many others could have been minimised if the deceased had taken proper professional advice before drawing up a Will.

In many cases still, the deceased died intestate with no valid Will. There are more likely to be disputes in those cases.  In other cases, issues surrounding the mental capacity of ageing relatives could have been resolved if families had sought legal advice at an early stage, perhaps with something as simple as putting in place a power of attorney. The current economic climate - with people being so much more concerned about money and property values being so depressed - is only likely to result in an escalation of these problems.  In such circumstances, very often the only and last resort is litigation.

At Seddons, we have had an increasing number of enquiries of this type in recent months. We have developed a sensitive and practical methodology for handling these cases. We always start by trying to avoid further unrest and arguments between family members. Then we explore alternative methods of dispute resolution to keep people out of Court. But we also offer a number of funding solutions where people have no choice but to resort to litigation.

On average disputes take 12 months to resolve, yet the majority of Brits (45 per cent) receive - on average - no more than £250 in total.

Please click here for results of survey

Survey broken down by gender