Increasing property prices have escalated the value of estates, resulting in a dramatic rise in inheritance disputes in the High Court. Family structures are becoming more diverse with divided relationships, and the extension of life expectancy allows for the making and amending of Wills in later life.
According to reports, the High Court received a 60 percent increase in cases involving disputes between family members and estates of deceased individuals in 2018. The rising number of disputes is believed to be due to the number of individuals choosing to write their Will themselves, specifically over the duration of the pandemic and lockdown, using DIY online Will Writing services rather than seeking advice from professional persons.
Concerns with a DIY Will
When it comes to writing a Will, there isn’t a step-by-step guide that suggests “one-size fits all.” In the midst of the pandemic, a rise in Will writing specifically by millennials was revealed after several studies were undertaken. Despite two out of three adults still being without a Will, the increased number of “Do-It-Yourself” wills is a cause for concern. The importance of leaving clear instructions in Wills is crucial; with ambiguity comes an increase in family disputes and sometimes legal battles.
Often complex probate Wills and Estate Administration Laws can be complicated. Due to a lack of knowledge and understanding of Will writing and the law, mistakes and errors can occur and affect any estate.
But, why do I need a professional?
The division of estates can be a complicated legal battle that can be costly for a family following the death of a loved one. Some mistakes or errors that can result in claims include:
- The Will may not be signed and/or witnessed correctly, or by the correct number of witnesses
- Ambiguous wording, for example: “Leave my car to my daughter.” The testator has three daughters, which daughter? The testator has two cars, which car?
- According to some claims, the testator was under duress by ‘helpful’ beneficiaries or was lacking testamentary capacity.
With the ease of the internet and online forums, it may seem better suited to ‘Do-It-Yourself’ when it comes to Will writing. The benefits of doing it yourself may be cost related or perhaps it’s more time efficient, however, a well-put-together Will can ensure a valid Will that may avoid probate disputes in the future.
Courts and tribunals in England and Wales received 9,926 cases in an increase in inherited estate challenges in 2021, a 37% increase compared to 2019. Fiona Smith, a partner at law firm Forsters, said “People are becoming more litigious when it comes to Wills. Those who might have accepted being left out of a Will 10 years ago may now be more likely to challenge it.”
Probate disputes are also likely to have risen as more DIY Wills have been prepared in a hurry over the lockdown period, as a result, these are more likely to have errors and omissions. “Anyone who made an ‘emergency DIY Will’ during the lockdown should consider reviewing it now, with the benefit of legal advice, to avoid costly disputes in the family.” Kay Ingram, Chartered Financial Planner.
Recent reports suggest a correlation between the increase in DIY Will’s and the number of families attempting to block probate. Specifically by challenging the latest version of the deceased person’s Will, and commonly suggesting the deceased was subject to influence by someone else or not fully understanding what was in the Will.
Royal London Insurance research in September 2021 found that over half of UK adults (18 to 34 years old) have no valid Will. Will writing isn’t at the top of everyone’s to-do list, however preparing a Will can ensure that what you want to happen, will happen.
The chances of someone bringing a court case against your Will is reduced if it is clear, and well-drafted, preferably by a professional.
Fraser and Fraser’s Will Search Service has stopped over 3% of cases being wrongly administered, after locating a Will. To find out more about our services please get in touch at 020 7832 1400 or email us at info@fraserandfraser.co.uk.
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