Latest Solicitors News - October 2009

Recession blamed for 45 per cent rise in High Court battles over wills

The number of High Court cases involving disputes over wills has risen by 45 per cent as a consequence of the recession, according to latest figures from the High Court Chancery Division.

The statistics show 106 contentious probate actions were heard in 2008-09, compared to just 73 in 2006-07, an increase of 45 per cent. And the actual number of legal disputes concerning wills is likely to be far higher as only a small percentage of cases end up in the courts with most settled before they reach that stage.

It is thought the global credit crunch has made people keener than ever to hold onto what they consider to be rightfully theirs, although the fact that people are living longer coupled with a greater awareness of legal rights could also be a contributory factor to the increase in cases.

The most common forms of inheritance disputes involve challenges to the validity of a will, for example where undue influence or forgery is suspected. Although it is likely that the trend of increased litigation in this area will continue, these disputes are well-suited to alternative forms of dispute resolution such as mediation. This can result in huge costs savings for aggrieved family members seeking to protect their inheritance.