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

Major milestones reached in build of Pleasure Beach Resort’s new ride Aviktas ride taking shape

Major milestones reached in build of Pleasure Beach Resort’s new ride

28 Nov 2025

2

Airframe Designs to play key role in world water speed record attempt ames Hodgkiss Jerrod Hartley And Chris Fleet Of Airframe Designs In The Longbow Workshop

Airframe Designs to play key role in world water speed record attempt

27 Nov 2025

3

Lancashire businesses react to Autumn Budget announcement Roger Philips

Lancashire businesses react to Autumn Budget announcement

26 Nov 2025

4

Reeves delivers £26bn tax rise Budget UK Parliament Budget photo

Reeves delivers £26bn tax rise Budget

26 Nov 2025

5

Seven Lancashire towns on list of target locations for new M&S Food stores M&S Food Stores

Seven Lancashire towns on list of target locations for new M&S Food stores

26 Nov 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
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

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

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

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

08:00 - 10:00

Navigating making tax digital for Income Tax
mtd event LinkedIn.jpg.jpg
LBV Hub Seminars
03 Dec 2025 - 03 Dec 2025

Navigating making tax digital for Income Tax

Junction 4 Skatepark , Darwen, BB3 0AJ

08:00 - 10:30

The Business Network Central & East Lancashire
LBV Header (27).png.png
LBV Hub Networking
04 Dec 2025 - 04 Dec 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:15 - 14:30

Chamber Breakfast Networking – December
Logo.jpg.jpg
LBV Hub Networking
04 Dec 2025 - 04 Dec 2025

Chamber Breakfast Networking – December

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin