Contested Wills and Financial Provision
Notable Rise in UK Contested Wills Cases
Inheritance disputes in the UK have seen a notable increase in recent years, with as many as 10,000 individuals contesting Wills annually.
Ministry of Justice statistics confirm 122 contested probate cases made it all the way to the courtroom in 2023, compared to 116 in 2022.
The Guardian reports that this surge is attributed to several factors, including rising property values, complex family structures, and heightened public awareness.
The substantial appreciation in property prices has led to more valuable estates, intensifying the financial stakes for potential beneficiaries. This economic backdrop, coupled with the cost-of-living crisis, has made inheritances a critical financial resource for many, prompting some to challenge Wills to secure anticipated assets.
Modern family dynamics have also contributed to the rise in probate disputes. The prevalence of second marriages, stepfamilies, and cohabitation without formal marriage often results in contested claims, especially when Wills do not clearly reflect these relationships. Additionally, the increasing incidence of dementia among the aging population raises questions about the mental capacity of individuals when drafting or altering Wills, leading to further legal challenges. Public awareness has also increased, due partly to television shows like ‘The Inheritance’.
The latest case to receive press attention included allegations that a Will was forged. The Grierson case heard that barrister Robert Grierson was accused of forging his mother’s signature to alter her Will, effectively disinheriting his brother, Duncan. The court found evidence suggesting that the 2013 declaration of trust may have been fabricated, and the 2022 Will was improperly witnessed, casting doubt on its validity. Robert’s non-disclosure of evidence and absence from the trial further complicated the case, highlighting the severe legal and familial repercussions of such fraudulent actions.
To mitigate the risk of inheritance disputes, legal experts advise individuals to engage in early and transparent estate planning. Drafting clear, legally sound Wills that accurately reflect one’s intentions and openly discussing these plans with family members can prevent misunderstandings and potential conflicts. Regularly updating Wills to accommodate changes in family circumstances and seeking professional legal advice are prudent steps to ensure that one’s estate is distributed as intended, thereby preserving family harmony and reducing the likelihood of costly legal battles.
Martyn Trenerry, Member, Solicitor, and specialist in Contested Probate, said:
“Taking specialist legal advice at an early stage is emerging as crucial to the success of any inheritance claim. Our aim is always to try to settle any case out of court to minimise distress, delay and legal costs. We will explore all grounds that may be open to you to resolve an inheritance claim. For more information contact our Romford office on 01708 784000”.