There is growing evidence that Wills are being increasingly challenged (also known as contested probate) in the UK courts by people who are unhappy with the stipulated wishes of those who have died. Between 2019 and 2021, there was a 37% increase in legal challenges to Wills being made through the UK courts.
This fairly astonishing rise in legal challenges is being is driven by a number of factors. These include financial pressures on families and individuals ratcheting up, which make them more tempted to challenge a Will and also a steep rise in the use of DIY Wills. Why has that occurred? Well, it is partially down to individuals looking to save money but also down to an issue associated with Covid-19. People were looking to rapidly put in place a Will (particularly before the vaccine roll out) when people were concerned about dying but access to solicitors was limited.
Are DIY Wills risk free?
The truth is that DIY Wills are a high-risk way to try and provide some reassurance that what you want to happen after you die will be respected. The processes and terminology of writing a Will are not straightforward. Some DIY Will packs will present the whole matter as fool proof but it is all too easy to invalidate a Will and make it effectively worthless. You also want your Will to be as tax efficient as it possibly can be.
Are challenges to Wills going to keep on rising?
Keep in mind, that we have not seen the real impacts of the cost-of-living crisis yet. Challenges to Wills will almost certainly rise as the necessity to access more money becomes more urgent with energy cost rises and inflationary pressures on food and services.
Don’t let yourself fall into the trap of thinking because family members have been well behaved whilst you are around they won’t become considerably more aggressive in terms of looking to get a share of your estate once you have died. Family structures are getting more complicated and that just increases the chances of a challenge from an angle you didn’t consider when writing a DIY Will.
Why you should use an expert
Basically, if you are going to get a Will drawn up (and you should!) then you need to get it done properly via an experienced solicitor. They will ask you questions you will not have thought about and provide solutions that you do not have the experience to provide by yourself. A challenge to your Will can be expensive and cause the probate process to remain frozen until it is settled, so stopping those you want to benefit being able to access funds in good time.
Speak to Paula Alvarez at rhw if you are looking to have a Will drawn up properly or speak to Stephen Bottomley or Lyssa Reeve if you having to deal with a challenge to a Will or wish to challenge a Will.
