Will Disputes Have Risen 50 Per Cent in a Decade
More complex families, higher property values, and bigger gaps between expectations and reality are driving a surge in contested Wills. Understanding the grounds for challenge — and how to prevent them — protects your family from costly litigation.
Six grounds for challenging a Will:
- Lack of capacity — the Will-maker did not understand what they were doing. Most common when dementia is involved. Defence: get a medical capacity assessment at the time of signing.
- Undue influence — someone pressured the Will-maker into provisions they would not otherwise have made. Defence: the Will-maker meets the solicitor alone; reasons for decisions are documented.
- Lack of knowledge and approval — the Will-maker did not truly know or approve the contents. Defence: have an independent solicitor prepare it and read it through.
- Improper execution — the signing formalities under the Wills Act 1837 were not followed correctly. Defence: use a professional who follows proper procedures.
- Inheritance Act 1975 claim — the Will fails to make reasonable provision for a spouse, child, cohabitant, or dependant. Defence: if excluding someone, document your reasons in a letter of wishes and consider a modest provision.
- Fraud or forgery — rare but possible.
The cost: Contested probate cases routinely cost £50,000-£100,000 per side. The emotional cost is often worse — family relationships destroyed permanently.
Seven steps to make yours bulletproof: Use an independent solicitor. Get a capacity assessment if needed. Meet alone. Document your reasons. Review every 3-5 years. Write a letter of wishes. Store the original safely and tell your executors where it is.