06 March, 2018
Financial pressure, an ageing population and more complex family structures are leading to a large rise in the number of wills being challenged in England and Wales, Forbes Solicitors disputed wills expert Ben Wilson has revealed.
Ben, an Associate Solicitor, specialises in disputes arising from Contested Wills, Trusts, Probate and Inheritance Matters.
He said the number of claims in the High Court for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (the "Inheritance Act") rose by 80 per cent from 2013 to 2016.
Claims under the Inheritance Act are typically brought by a family member who has been left out of a will, or does not think they have been left enough.
If you have been left out of a friend or family member's will, or if you do not think you have been left enough, then you may be able to make a claim for reasonable financial provision under the Inheritance Act.
Ben, who is based in Forbes Central Lancashire office, said: "With an ageing population, a dramatic increase in house prices and more complex family structures, will disputes are becoming increasingly common.
"There are various classes of people that can make a claim under the Inheritance Act including children, people treated as children (including step children), spouses and former spouses, and any person maintained wholly or partly by the deceased before death (this could include wider family members, friends or partners)."
In total, claims under the Inheritance Act rose from 88 in 2013 to 104 in 2014, 116 in 2015 and 158 in 2016.
In addition to claims under the Inheritance Act, the number of contentious probate claims generally has also risen steeply.
Ben said: "These cases arise in circumstances where a will may not be valid and there are number of ways to contest a will and challenge its validity, including on the basis of lack of mental capacity and undue influence:
"Also, if someone has been promised an inheritance but the inheritance was not in the will, in certain circumstances, a promise can be enforceable. So if someone was promised an inheritance and has not received it, and have relied on that promised to their detriment, then they may be able to make a claim."
Court statistics indicate that in 2013 there were 97 contentious probate challenges started in the High Court and in 2014 this figure had jumped to 178. In 2015 the number of contentious probate cases dropped slightly to 164, and in 2016 there was a recorded drop to 77 (but this is likely to be inaccurate and due to a new case management system brought in by the court).
Ben said: "These figures do not include the vast number of cases that settle without court proceedings being started, and we expect there to continue to be a high number of claims.
"Although courts are often reluctant to overturn the express wishes of a deceased person, given the ageing population and the rise in mental health issues such as dementia and Alzheimers, there is, and will likely continue to be, a rise in contentious probate claims.
Ben acts for clients on a national and international basis and deals with a range of high value and complex claims. He has significant experience in bringing claims under the Inheritance Act and acts for executors, claimants and defendants. Ben is flexible with costs, and will often defer fees act on a "no win, no fee" basis.
He is an Associate Member of the Association of Contentious Trusts and Probate Specialists (ACTAPS) and is a recommended lawyer in the latest edition of Legal 500 where he is described as 'responsive, effective and pragmatic'.
For more information contact Ben Wilson in our Contesting a Will department via email or phone on 0333 207 1130. Alternatively send any question through to Forbes Solicitors via our online Contact Form.