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.
Millions of Britons would be prepared to contest a loved one’s will if they were unhappy with how the assets were divided, a poll has found. This is despite the fact that almost half of the population doesn’t trust their family to manage their affairs for them. Around half the UK fails to write a will at all, often assuming their assets will go to a spouse, partner or children automatically. Problems often arise when it comes to blended families, multiple marriages and half-siblings, as well as couples who live together without a formal partnership. Others don’t update wills, which can mean a main benefactor is already dead themselves. However, even when someone’s wishes are clear and current, more than 12.6 million Britons would go to court to challenge them if they felt the division of assets was inappropriate.