• Rose & Rose

A Continued Rise in Claims Contesting a Will

Updated: Jun 28

Earlier this year it was reported that there has been a year-on- year increase of 47% in claims against an estate reaching the High Court. Solicitors have seen a growing number of such enquiries with clients wanting to contest a will and pursue a claim of contentious probate or dealing with disputes over an estate when a Will has not been put in place. According to one report, one in four people say they would challenge a will if they were unhappy with the division of assets (The Gazette, 2019). It seems that one of the main reasons there has been a rise in these types of claims is due to the fact that currently there are no restrictions on the business of will writing and anyone can enter the market and offer an unregulated service. This has led to a rise in unregulated companies providing ‘cheap’, ‘DIY’, ‘online’ or even free templates. With a DIY or Online Will, there is often no official legal check by a solicitor and therefore no solicitor’s notes recording the client’s instructions or comments on a client’s mental health. This can make wills of this nature more susceptible to a future legal challenge.

Protecting your Estate and Preventing a Claim

Ensuring you put in place robust measures that will ensure your estate is dealt with in accordance with your wishes, should be one of the most important legal steps you take when protecting your estate, taking appropriate steps and enlisting specialist advice of a private client solicitor.

At Rose & Rose our experienced private client team, will not only provide the expert advice you need regarding your Will but have the knowledge and expertise to guide you in all overlapping areas of law such as tax, family law and property, all of which are essential matters to consider when protecting your estate. As we also have experience of contested Will cases, we have the unique perspective to ensure that where possible, risks of a dispute are avoided, and your wishes will be carried out.

Pursuing a Claim against an Estate

Contentious probate is when a claim is made against an estate, and we realise that there will be cases where there are genuine reasons to dispute a will, or the rules of intestacy, if there is no will, fails to make ‘adequate provision’ for them. In this instance, it is vital that specialist advice is sought to ensure the correct processes are followed.

Experienced Regulated Private Client Solicitors

Rose & Rose are tightly regulated, providing legal services that must comply with the highest professional standards. Our Wills and Probate team is experienced and provides clear and practical advice in a cost - effective way. We are members of the Society of Trust & Estate Practitioners and every one of our solicitors are regulated by the professional governing body, the Solicitors Regulation Authority so you can be confident that the advice you receive will be tailored to your specific requirements, and all legal formalities which must be complied with when making a Will are followed and that your personal and financial affairs will be taken in to account.

Please contact us on 0208 974 7490 or info@roselegal.co.uk to discuss the advice you need, and we will provide you with further and specific advice tailored to your circumstances.