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

Hot 100-ranked rubber products manufacturer acquired by group PAR Group

Hot 100-ranked rubber products manufacturer acquired by group

20 May 2024

2

Victorian Plumbing acquires rival with similar name Farington Park Aerial View

Victorian Plumbing acquires rival with similar name

20 May 2024

3

Advice for landlords and developers when upgrading windows Beech Rock_Web-2 (1).jpg.jpg

Advice for landlords and developers when upgrading windows

20 May 2024

4

Becoming the supply chain for the world Miranda Barker Elcc

Becoming the supply chain for the world

20 May 2024

5

Rosebud backs growing recruitment and training agency HBM Learning

Rosebud backs growing recruitment and training agency

20 May 2024

Lbv116 Ltb Strip980
Background image for hub sign up block

LBV Hub

Reach 50,000 members of the Lancashire business community

Post your news
Post your events
Post your offers
Company profile
Social reach
Magazine coverage
Sign-up
Events
Business Networking in Chorley - BNI Endeavour
EVENT LISTING SIZING Endeavour.png.png
LBV Hub Networking
21 May 2024

Business Networking in Chorley - BNI Endeavour

Oak Royal, Bury Lane, Chorley, PR6 8SW

06:30 - 08:30

Business Networking in Blackburn - BNI Vista
EVENT LISTING SIZING Vista.png.png
LBV Hub Networking
21 May 2024

Business Networking in Blackburn - BNI Vista

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:45 - 08:30

Business Networking in Preston - BNI Diamond
EVENT LISTING BNI Diamond.png.png
LBV Hub Networking
22 May 2024

Business Networking in Preston - BNI Diamond

The Marriot Hotel, Garstang Road, Broughton, PR3 5JB

07:15 - 09:00

Business Networking in Lancaster - Eden Business Network
EVENT LISTING Eden Business Network.png.png
LBV Hub Networking
22 May 2024

Business Networking in Lancaster - Eden Business Network

The Borough, 3 Dalton Square, Lancaster, LA1 1PP

18:30 - 20:30

Business Networking in Accrington - BNI Zeus
EVENT LISTING SIZING Zeus.png.png
LBV Hub Networking
22 May 2024

Business Networking in Accrington - BNI Zeus

The Mill House, Corn Mill Yard, Accrington, BB5 5HX

06:45 - 08:30

Your Business Bootcamp
CBP-logo LBV.png.png
LBV Hub Networking
22 May 2024

Your Business Bootcamp

Burnley Football Club, Turf Moor, 52-56 Harry Potts Way, Burnley, BB10 4BX

08:30 - 13:30

Business Networking in Burnley - BNI Kudos
EVENT LISTING BNI Kudos.png.png
LBV Hub Networking
23 May 2024 - 23 May 2024

Business Networking in Burnley - BNI Kudos

Prairie Sports Village, Windemere Avenue, Burnley, BB10 2FU

06:45 - 08:30

Creative Lancashire Networking Social
Untitled design-4.png.png
LBV Hub Networking
23 May 2024

Creative Lancashire Networking Social

Society1 Coworking Space, Preston, PR1 3LT

17:30 - 19:30

Business Networking in Lancaster - BNI Castle
EVENT LISTING BNI Castle.png.png
LBV Hub Networking
23 May 2024 - 23 May 2024

Business Networking in Lancaster - BNI Castle

Vale of Lune RUFC, Powder House Lane, Lancaster, LA1 2TT

06:45 - 08:30

Chamber Breakfast Networking
Chamber Logo1.png.png
LBV Hub Networking
23 May 2024 - 23 May 2024

Chamber Breakfast Networking

HIC, Lancaster University, Bailrigg, Lancaster, LA1 4AT

08:00 - 10:00

Business Networking in Preston - BNI Brunch
EVENT LISTING SIZING Brunch .png.png
LBV Hub Networking
24 May 2024

Business Networking in Preston - BNI Brunch

Samlesbury Hotel, Preston, PR5 0UL

09:30 - 11:00

Business Networking in Blackburn - BNI Infinity
EVENT LISTING BNI Infinity.png.png
LBV Hub Networking
24 May 2024

Business Networking in Blackburn - BNI Infinity

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:30 - 08:30

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 LBV116 Online Graphic
Subscribe now

Weekly news bulletin