As another year starts the press is again littered with reports of families at war in the High Court over Wills and inheritances, both in this country and abroad. Recent figures show that the number of disputes is indeed increasing and in the period from 2012 to 2023 there was an increase of over 127% in claims brought under the Inheritance (Provision for Families and Dependants) Act 1975. Indeed, in the last 4 years alone there has been a 30% increase in probate disputes going to Court.
These figures will be the tip of the iceberg since the vast majority of cases are settled before they go to Court and some matters are also dealt with in County Courts and in district probate registries.
Factors that may contribute to this include the increase in blended families – both as a result of an increase in divorces and relationship breakdown and as life expectancy improves. As people live longer they are more likely to lose a spouse or long term partner and go on to form a relationship in later life than previous generations have been.
Blended families are one of the key contributors to Estates disputes and once set of children or the other feel that the Will of the surviving “parent” is unfair to them.
Added to this is an increase in the value of Estates as property prices and general wealth improve and a heightened public awareness of the ability to challenge Wills.
Publicity of disputes in the press as well as TV dramas, Channel 5 documentaries and other screen depictions of disputes have all worked to raise the profile of this area of law.
As increasing numbers of people consider bringing claims to challenge Wills or make a claim against an Estate this area of the law is something that more and more legal firms profess to offer expertise in.
In fact the claims that are brought under the Inheritance (Provision for Family and Dependants) Act 1975 and challenges to Wills or disputes with Executors and Trustees are a specialist are of the law.
"Anyone seeking advice in this area of law should look for a firm with ACTAPS(Association of Contentious Trusts and Probate Specialists) qualified solicitors. Those lawyers have taken additional qualifications and the majority of their work will be in this area of law" says Jennifer Laskey, Head of the Contentious Trusts and Probate Team at Howes Percival and herself a full member of ACTAPS. "It is no different than choosing a specialist for a medical issue – you want someone who deals with this day in and day out so that you get the best advice and the best outcome."
The Team at Howes Percival is proud to have three ACTAPS lawyers in Jennifer and fellow Partners Michael Green and Lewis Addison. They are ably supported by a large team with a wealth of experience in this complex area of law as well as expert teams specialising in Private Client advice, agricultural law and tax and trusts.
If you are considering a challenge to a Will, a claim against an Estate or involved in any way in a dispute with Executors and Trustees contact our Team today and we will be happy to talk your situation over with you and discuss your options.
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