Inheritance battles soar – what to do if you want to contest a Will
The number of families falling out over a Will is still escalating fast, according to recent research.
The latest statistics from the Ministry of Justice reveal 122 contested probate cases made it all the way to the courtroom in 2023 compared to 116 in 2022.
Specialist Wills and Probate lawyers across the country, reports the Guardian newspaper, now deal with 10,000 inheritance disputes a year, although most of these will be settled before they get to court.
Taking expert advice at an early stage is emerging as crucial to the success of any inheritance claim with 60% of people choosing to put their faith in specialist contentious probate lawyers like Wards Solicitors.
Why are more people challenging Wills?
The reasons for this are many and varied – second marriages, blended families and children from more than one relationship all play a part.
Public awareness has also increased, due partly to television shows like ‘The Inheritance’ and ‘The Inheritance Wars: Who Gets the Money?”
In addition, the relentless rise of property prices – plus the pressure of soaring inflation – means estates are getting larger and are therefore seen by claimants as worth contesting.
How are inheritance claims solved?
The aim of specialist contentious probate lawyers like Wards Solicitors is always to try to settle any case out of court to minimise stress, upset and costs.
It’s crucial to explore all the grounds that may be open to you.
A survey by IBB Law survey confirms the benefit of this course of action – 36% of disputes were settled via mediation and 21% through negotiation.
It also showed that solicitors are particularly good at accurately estimating how much a claimant will receive if successful.
How do you claim under the Inheritance Act?
If you are unhappy with a Will you may be able to contest it under The Inheritance (Provision for Family and Dependants) Act 1975.
This allows eligible participants to bring a claim against the estate of a deceased person where ‘reasonable financial provision’ has not been made for them under the terms of the Will or if there was no Will.
We have prepared three legal guides to help you:
Get in touch
If you would like to contest or defend a Will, the help of a specialist lawyer is vital as every case needs to be looked at on an individual basis. Time limits also apply.
For help and advice, please contact Wards Solicitors’ Contentious Trusts and Probate Team.
Our lawyers are members of the Association of Contentious Trusts and Probate Specialists (ACTAPS), the Society of Trust and Estate Practitioners (STEP), Solicitors for the Elderly (SFE) and the Law Society’s Probate Panel. All demand a high level of expertise and up to date knowledge from their members.
Wards Solicitors’ team is praised by the Legal 500 Guide for 2024 for its broad contentious trusts and probate practice with a particular emphasis on Inheritance Act claims.