Would you challenge a loved one's will? One in four would dispute bequests if they don't get a fair share

  • People in Southampton, Norwich and London are most likely to fight a will
  • Inhabitants of Sheffield are the least inclined to do so, a survey shows 
  • Readiness to oppose a loved one's last wishes is reflected in court statistics

By TANYA JEFFERIES, PENSIONS AND INVESTMENT EDITOR

Updated:

Inheritance disputes: Lawyers put the rise in challenges down to the intricacies of modern family life and rising property prices

Inheritance disputes: Lawyers put the rise in challenges down to the intricacies of modern family life and rising property prices

One in four people would mount a legal challenge against a loved one's will if they were unhappy with it, a survey reveals.

People in Southampton, Norwich and London are most likely to dispute a loved one's bequests if they don't get what they feel is their fair share. 

Inhabitants of Sheffield are the least inclined to do so, according to the research by insurer Direct Line.

The readiness of family members to oppose a relative's last wishes is reflected in official court statistics, which show such disputes are on the rise.

There was a six per cent increase last year in people contesting a grant of probate - an important step to gain control over an estate after someone dies.

This follows previous figures showing a record number of inheritance disputes are reaching the High Court, a trend that lawyers put down to the intricacies of modern family life and rising property prices. 

Direct Line says its analysis of figures from HM Courts and Tribunals Service shows more than 8,000 'caveats' were registered in attempts to block probate in 2017.

It says caveats are being registered over whether a will is legal, if the person who died was of sound mind when they made a will, and whether the person who applied for a grant of probate should have been the one to do so.

Meanwhile, Direct Line carried out separate research among family lawyers which found the most common legal reason for contesting a will is 'undue influence' - where the deceased was forced to sign a will or unreasonable pressure was put on them.

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However, it notes that legal experts believe contesting wills on these grounds is least likely to be successful, as the burden of proof is high and the person making the challenge has to prove undue influence

Another common reason for battling a will is lack of knowledge and approval, which is also the most likely to be successful and means the person making it was not aware of the contents or there were suspicious circumstances.

See below the full list of most common grounds and most successful grounds for contesting a will, according to the research among lawyers.

Testamentary capacity involves disputes over whether someone was mentally competent or had the legal ability to make or alter a will.

Lack of valid execution means a will didn't meet requirements over how and by whom it was signed, including the person making it and the witnesses.  

Rectification and construction involves cases where a clerical error was made when the will was written, or the person doing the drafting failed to reflect the intentions of the deceased.

Reasons for challenging a will: Based on a Direct Line survey of more than 100 family lawyers

Reasons for challenging a will: Based on a Direct Line survey of more than 100 family lawyers

Direct Line carried out research on people's attitudes on whether they would challenge a will among 2,000 nationally representative adults in July 2018. It also surveyed more than 100 family lawyers about inheritance disputes last October.

Jane Morgan, business manager at Direct Line Life Insurance, says: 'While our research reveals people are increasingly contesting wills, everyone has the right to choose how they’d like to distribute their assets, even if it seems unusual or excludes even the closest family members.

'People can be surprised and hurt by the contents of a will, so people may wish to discuss with beneficiaries and those that might think they would inherit, how they plan to distribute their assets.'

Daniel Winter, partner at law firm Nockolds, has previously pointed out that the increased number of inheritance cases reaching the High Court is only the tip of the iceberg of family disputes which are either settled or end up in County Court.

He responded to the Direct Line research, saying: 'We are seeing a growing number of cases where people are seeking legal remedy as a result of being left out of a will entirely, or receiving less than they expected, either as a deliberate act on the part of the deceased or because a family member died without having made a will.

'Modern family structures are making inheritance claims increasingly likely. People are more likely to marry multiple times, or cohabit outside of marriage, and if there are children or stepchildren involved, the likelihood of someone feeling hard done by is even greater than before.

'More people are relying on an inheritance to get on the property ladder or to provide for them in retirement. If someone is left out of a will, or stands to inherit less than they were expecting, this can trigger a dispute.'

Thomas Middlehurst, partner and specialist in litigation and dispute resolutions at Moore Blatch, says: 'The findings of Direct Line’s research do not surprise me.

'Litigation for challenged wills has increased due to more options being available for making a "quickie will", often without suitable legal advice. Plus, greater awareness of the ability to contest wills due to a number of recent high value, high profile cases.

'If someone has concerns about a will being contested in the future then it is advisable to seek specialist legal advice at an early stage before issues such as mental capacity arise.

'It is also sensible to leave a "letter of wishes" clearly setting out your reasons for making the will, both emotional and financial, and seeking to address the factors involved in an Inheritance Act Claim.

'Finally, if litigation is necessary, potential parties would be strongly advised to consider alternative dispute resolution as this is often an effective way of resolving the matter at an early stage before significant costs have been incurred and typically family relationships are irreparably damaged.'

Survey results: Overall, 24% of people say they would mount a legal challenge against a loved one's will if they were unhappy with it

Survey results: Overall, 24% of people say they would mount a legal challenge against a loved one's will if they were unhappy with it

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