Avoiding Costly Will Disputes

As a follow-up to our article on whether you may have a probate claim to make regarding the outcome of a Will, we thought you’d also like to know that you are most definitely NOT alone!

According to a recent 2024 article in the national press, up to 10,000 people are bringing new challenges to Wills every year. This record number of cases doesn’t look like slowing down either, with the baby boomer generation now passing their estates on following their deaths; some are causing all sorts of arguments within their families.

The reason for this is that the baby boomer generation tends to own far more property and assets than previous generations. Add to that the rise in second marriages and you can see where problems may occur, as there are now far more parties with an interest in the estate left behind by the death of a loved one.

Having said that, the ageing population and the increase in dementia rates are also having an impact. Other factors affecting the amount of inheritance disputes are Wills that were executed via video link, a practice that was regularly utilised during the Covid pandemic.

More recent drivers of the escalation in inheritance disputes may be the impact the cost of living crisis is having upon us all. Especially if a relative or friend was expecting, or had been led to believe, that there was an inheritance due to them.

Unfortunately, the cost of going to court is expensive, especially for the losing party. Despite that, the number of cases going in front of judges has spiralled by over 25% from pre-pandemic 2017 through to post-pandemic 2021-2022. Incidentally, that figure doesn’t include the thousands of cases settled before they get to the courtroom.

Under the 1975 Inheritance Act, those most likely to challenge a will are currently:

• Former Spouse
• Civil Partners
• Long-term Cohabitees
• Children
• Anyone financially maintained by the deceased
• Anyone where the deceased acted as, or in the role of, a parent to that person.

According to a recent legal study, three in every four people are now likely to experience an inheritance or probate dispute or challenge the contents of a Will. That’s a great deal of potential problems that could end up costing everyone involved a lot of money. Our recommendation would always be to get expert legal advice and approach the problem with a view to settling any dispute as quickly as possible to avoid on-going costs and the expense of a Courtroom appearance.

Avoiding costly disputes is always a good idea. That’s why partnering with a plain-talking independent firm that’s large enough to have all the specialists you’ll need, is a sensible course of action.

Here at PSR Solicitors we will always put your best interests first, both financially and emotionally, as we will look to resolve your issues as quickly and as cost-effectively as possible.

Get in touch

If you think you might have a probate problem, then having a quick chat with one of our expert team could be the first sensible step to take. We’re more than happy to give you a free overview of your individual circumstances.

Nia Edwards, who heads up our specialist probate team, would be delighted to help you with any actions you wish to take.

Nia Edwards LLB (Hons)

Solicitor - Head of Private Client & Probate

I am Head of ‘Private Client’ at PSR Solicitors, based in our Chester office. I undertake various types of legal services such as Wills and Probate, Estate Administration, Lasting Powers of Attorney as well as Divorce and family matters.

Contact Nia Edwards