Challenging a Will

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Direct Line Insurance has published research indicating a 6% increase in wills that were challenged in 2018.

The Probate Registry has also revealed that applications to take out Probate were blocked on 8,159 times in the same period.

From the research undertaken by Direct Line the indication is that 12.6 million people would be willing to challenge a will which they thought did not represent the true feelings and wishes of the deceased.

There are many reasons why someone might challenge a will but actions by disappointed parties who have not been provided for account for a large number of disputes.

It is important that when making a will the possibility of a challenge is addressed. This might include whether a third party could have a valid claim based on individual circumstances. Legislation allows claims to be made against an estate by a wide spectrum of individuals.

It might be appropriate to put measures in place to record the will makers intentions and provide explanations about the reasons behind how the estate is to be distributed. This can reduce the uncertainty around the will with family members and establish that the provisions in a will are reasonable and fair.

An experienced solicitor who is familiar with the legislation and current case law around Probate claims is best placed to advise on will preparation and how to reduce the likelihood of a successful challenge. If you require any further assistance with regards to these matters then you should contact a member of our probate team.

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