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Will's being disputed take a rise of 200% since 2004
15/08/2007

Lawyers across Britain are reporting a significant increase in the number of British families disputing wills left by relatives.

Whilst complaints about documents being ëunfair` is the biggest single grievance, there has also been a surge in wills being contested because of mistakes and allegations of incapacity or undue pressure being put on the person making a will.

One leading law firm, Brabners Chaffe Street, has seen a 200 per cent rise in such cases in the last three years. There`s also evidence of a steep rise in the number of such cases being dealt with by mediation.

Brabners Chaffe Street`s Private Client partner Richard Bate says the growing value of estates, the complicated structure of modern families and recent high-profile disputes are all partly to blame.

He believes many people are unaware that their wills may spark litigation and suggests that proper advice at the time the documents are made could reduce the number of challenges. `People leaving a will think that they have a right to do whatever they want. That`s not necessarily the case.

`When the contents of wills are disclosed, relatives are already emotionally raw and not always at their most rational. Grievances, whether perceived or legitimate, can cause painful conflict, rifts and expensive litigation. Taking proper advice to deal with such potential issues at the time a will is being made may not, of course, stop all claims being brought but would at least remove some grounds for complaint.î

Mr Bate added that people using ëhome-made` wills without full consideration of the issues involved was a possible factor in some disputes. `There are formalities which need to be complied with when making wills. A technical flaw or uncertainty over wording can render them invalid. Even if a will is technically correct, claims may still be brought by relatives who feel that they haven`t been adequately provided for and so advice is crucial in weighing up the likelihood and strength of that type of claim.î

Recent cases have shown how courts are prepared to intervene if relatives, including former spouses and adult children, believe that they have been left less than they expected.

In 2005, the children of deceased lawyer Anthony Sherrington lost a bitter court battle with their step-mother, Yvonne, over the contents of his £7 million will.

Last month, Zoran Kostic went to the High Court in an attempt to reverse his father`s decision to leave an £8 million fortune to the Conservative Party.

Richard Bate suggested that publicity about such cases was a possible spur for claimants. `Undoubtedly, some claims are speculative, made by individuals who may have been motivated by some of the big money cases they have read about into hoping for any sort of a payout to stop the ënuisance` value of their action.

`For others, however, the right to inherit what they think is due becomes all-consuming and makes claims difficult to settle as no-one feels able to back down.î

Individuals believing that they have legitimate grounds for querying the contents of a will can lodge what is known as a caveat with the Probate Registry, stopping the provisions of the document from being enacted while inquiries are carried out into circumstances in which it was drawn up.

Many initial claims are dealt with by mediation but there are firm indications that the volume reaching the courts is on the rise although the Chancery Division of the High Court which deals with probate disputes said it did not maintain detailed records of the number of such cases.


For further information contact Richard Bate at Brabners Chaffe Street on 0161 836 8800

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