At southgate solicitors, we aim to keep you updated on critical family law issues. Recent family court statistics reveal that the number of disputes over wills and probate increased by just over 5% in 2023. This trend highlights the growing complexities in modern family dynamics and the importance of meticulous estate planning.

Causes of Rising Disputes

Several factors contribute to the rise in family disputes over wills and probate:

1. Complex Family Structures: The increase in second and even third marriages adds complexity to estate planning. Testators must balance the interests of their children from previous relationships with those of their current spouse and new children.

2. Weakened Family Bonds: Modern mobility and busy lifestyles can weaken the bond between parents and children, leading to unexpected decisions in wills that might spark disputes.

3. Increased Wealth Distribution: More people are spreading their wealth among various family members, which can lead to feelings of unfair treatment and subsequent legal challenges.

Common Grounds for Contesting Wills

1. Incorrect Legal Formalities: The will must be signed by the testator in the presence of two witnesses, who must also sign the document. Any deviation from this process can render the will invalid.

2. Testator’s Mental Capacity: The testator must have testamentary capacity, meaning they must understand the implications of their will. Age-related illnesses like dementia can affect this, making the will contestable.

3. Undue Influence: If it can be proven that the testator was unduly influenced by someone benefiting from the will, the will can be declared invalid.

4. Forgery: Although difficult to prove, a will can be contested if it is believed to have been forged.

Preventing Disputes

To minimise the risk of disputes, ensure your will is legally binding and clearly reflects your wishes:

• Seek Professional Help: A solicitor can help draft your will to ensure it meets all legal requirements.
• Communicate Your Decisions: Explain your decisions to potential heirs, especially if excluding someone who might expect to inherit. A statement of wishes can help clarify your intentions and prevent misunderstandings.

Timeframe for Contesting Wills

Anyone wishing to challenge a will must do so within six months of probate being granted. Acting promptly is crucial to ensure your case is heard.