We have noticed a general increase in clients seeking advice about challenging Wills or making claims against estates. Indeed, the courts have noted an overall increase in these claims being brought.  Many enquiries do not lead to a claim being issued at court however we have been asked by clients to investigate claims and advise as to the prospect of making a claim.

Often claims arise because a decision has been made by the deceased that family members may not have been informed about or may not be happy with.

In our experience, if the deceased made a Will drawn up by a solicitor, the prospects of challenging that Will are likely to be more difficult as solicitors know how Wills can be challenged and will have discussed this with the deceased at the time of them making the Will. However, we can review the papers and advise on why the decisions were made and advise on any prospects of a claim.

So why are these claims increasing? There are a number of factors which may explain this.

• The rise in house prices will be a factor as generally property is worth more now. This means there is a larger “pot” to claim against.
• Family structures are now different. Modern families are a lot more complex with blended families, second or third marriages and strained relationships. Traditional inheritance decisions are not necessarily appropriate nowadays.
• People are living longer due to better healthcare and living conditions. This may lead to questions about capacity if the deceased was particularly elderly when they made their Will. There may also be questions about undue influence in more elderly testators (the person who made the Will).
• A Will may have been poorly drafted or not executed properly, leading to challenges or intestacy.

Claims against estates are very expensive to bring and litigation is not certain. Often the claim is being brought by someone who is grieving and if there has been a “fall out” in the family following the death, litigation can add to the stress of the situation and have a negative impact on all concerned. These claims can take several years to resolve and are not always successful.

We often find that by explaining the process to clients to help them understand what could happen when a claim is brought, the length of time it can potentially take and the likely cost, this can help them determine if this is the right path for them. Mentally, litigation can really take its toll on all concerned.

If you wish to discuss a potential claim, and for details how to contact us, please visit our website at – https://www.maxwellhodge.co.uk/disputes-and-litigation/