Will Litigation on the Increase
Updated: Mar 10
There has been a great deal of publicity concerning how increasingly litigious our society is becoming. Perhaps, surprisingly, therefore there has been a small decrease in the number of claims being issued in the Chancery Division of the High Court. However, cases involving Wills significantly buck that trend. This type of litigation almost doubled between 2006 and 2010, while the number of claims being brought by disappointed relatives under the Inheritance (Provision for Family and Dependants) Act 1975 increased by a massive 800%. Legal actions involving Trust Property grew even more, up 10 fold during the same period.
While one can never guarantee that family members will not resort to the Courts after we are gone the need for proper advice and a professionally drafted Will are clear. “Increasingly complex family relationships, social mobility and the significant rise in property prices that often leaves an estate with a single asset worth more than £200,000 alone have all contributed to the rise in Court Cases involving the Administration of Estates,” commented Elizabeth Osmend, a Solicitor with Rita Sen Solicitors. “These cases can involve legal costs running into many thousands of pounds. A properly drawn Will can often head off potential disputes.”
For further information contact Elizabeth, or another member of our Wills team on (01243) 263658.