The report shows a significant increase in the number of family members prepared to challenge a Will that they feel is unjust.

In 2017 there were more than 8,100 applications made to the probate court to prevent a Grant of Probate being issued.  This represents a 6% rise compared to the previous 12 month period.

 It was reported that the most common ground for contesting a Will is "undue influence".  However, undue influence applications tend to be the least successful as the burden of proof is high and it falls on the person challenging the Will to prove it.

The next most common ground for challenging a Will was lack of testamentary capacity.

This increase in the number of challenges to Wills demonstrates why professional advice should be taken when preparing a Will.  

Whilst the legal right to make a claim cannot be removed, appropriate steps can be taken to minimise the risks of any potential challenge being successful.

Get in touch with our Private Client team now to confidentially discuss your circumstances.