Challenged wills on the rise

By Lancashire Business View

07 Mar 2018

ben-wilson-forbes-1000x500.jpg
Forbes Solicitors has revealed a rising number of challenged wills, caused by financial pressures, an ageing population and more complex family structures.

Disputed wills expert Ben Wilson, an associate solicitor at Forbes, said the number of claims in the High Court for financial provision under the Inheritance Act rose by 80 per cent from 2013 to 2016, with the number of cases going from 88 in 2013 to 104 in 2014, 116 in 2015 and 158 in 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 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."

Latest news

1

Airframe Designs completes groundbreaking R&D project in polymer additive manufacturing Breakthrough at Airframe Designs

Airframe Designs completes groundbreaking R&D project in polymer additive manufacturing

03 Mar 2025

2

Boost your management skills with workshops UCLan workshops

Boost your management skills with workshops

25 Feb 2025

3

Lancashire Growth Plan to be launched at Convention of the North Cllr Phillippa Williamson With A Convention Branded Minibus

Lancashire Growth Plan to be launched at Convention of the North

25 Feb 2025

4

AMS Neve makes waves in California, demonstrating products to Stevie Wonder Stevie Wonder And His Team Receiving A Demo Of The Genesys G3D Console By Joe Heaton Of AMS Neve In California Press

AMS Neve makes waves in California, demonstrating products to Stevie Wonder

25 Feb 2025

5

Partners at law firm Harrison Drury complete management buyout John Chesworth and Simon England

Partners at law firm Harrison Drury complete management buyout

25 Feb 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV121 March/April Launch Event
121 Lancashire Business View Magazine Launch
Networking
20 Mar 2025

LBV121 March/April Launch Event

The Whitakers Museum, Rossendale, BB4 6RE

08:30 - 10:30

Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Post Employee Ownership Trust: What's the story?
LBV image.jpg.jpg
LBV Hub Seminars
04 Mar 2025 - 04 Mar 2025

Post Employee Ownership Trust: What's the story?

Brabners, Preston, PR5 6AW

11:00 - 12:30

Better People Management Workshop - March 5
UCLan Better Management Workshop
LBV Hub Seminars
05 Mar 2025

Better People Management Workshop - March 5

Strawberry Fields Digital Hub, Chorley, PR7 1PQ

10:00 - 15:30

Better People Management Workshop
LBV Hub Seminars
05 Mar 2025 - 05 Mar 2025

Better People Management Workshop

Strawberry Fields Digital Hub, Chorley, PR7 1PQ

10:00 - 15:30

North West (Preston) Finance Leaders Networking Event
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2025

North West (Preston) Finance Leaders Networking Event

Farington Lodge Hotel, Stanifield Lane Farington, Preston, PR25 4QR

08:00 - 10:00

Better People Management Workshop
UCLAN event
LBV Hub Seminars
06 Mar 2025 - 06 Mar 2025

Better People Management Workshop

The Oaks Hotel, Colne Road, Burnley, BB10 2LF

10:00 - 15:30

Fertility and IVF Support in the workplace
Supporting Women's Health in Your Teams A Path to Success-2.png.png
LBV Hub Webinar
07 Mar 2025 - 07 Mar 2025

Fertility and IVF Support in the workplace

* , Online , *

12:30 - 13:30

The Employer’s Toolkit: Payroll, Employment Law, and Benefits
Copy of am alert (2).jpg.jpg
LBV Hub Seminars
07 Mar 2025 - 07 Mar 2025

The Employer’s Toolkit: Payroll, Employment Law, and Benefits

Village Hotel Bury, Bury, BL9 7BQ

09:00 - 12:00

March Preston tech Connection: IWD Accelerate Action
PRESTON TECH CONNECTION jan.ai-5.png.png
LBV Hub Networking
13 Mar 2025 - 13 Mar 2025

March Preston tech Connection: IWD Accelerate Action

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV120 Online Graphic 1
Subscribe now

Weekly news bulletin