Probate is a complicated process at the best of times and the landscape is continually shifting. In recent years it has been marked by a small but notable increase in the number of cases that have been contested. Figures from the Ministry of Justice Family Court show that contested cases rose from 116 in 2022 to 122 in 2023, and should this figure indicate a trend, it could further add to the burden that solicitors face in the estate administration process.
There are three principal factors that might explain the increase: the economy; a shift in family dynamics; and a surge in so-called ‘do-it-yourself wills’ that proved popular during the pandemic.
In terms of the economy, the ongoing cost-of-living crisis has led to a renewed focus on ‘cash’ and financial security, which in turn has led to an increase in individuals challenging a will in the hope of securing a larger share of the estate. This is often exacerbated by increasingly complex family structures and blended families, which can lead to ambiguity regarding the intentions of a will, increasing the likelihood of that will being disputed. Throw into this mix a surge in DIY wills, which are more often than not poorly drafted, and even the most well-intentioned inheritance can be challenged.
For probate solicitors, these trends present a challenge: a rise in contested cases will mean that more time and resources need to be allocated to navigate disputes, which has implications for efficiency and ultimately costs. Costs are also increased by the need for solicitors to stay abreast of evolving laws and best practices to effectively manage and resolve disputes as they arise. But these trends also create an opportunity, not least in educating their clients about the need for (and benefits of) a professionally constituted will.
Both the challenges and opportunities can be addressed by leveraging digital tools available from organisations such as The Estate Registry. Platforms including LegacyNOW, our digital legacy planning tool, for example, ensure that all essential documents can be securely stored and easily accessed, reducing the risk of those documents being misinterpreted, deliberately misplaced, stolen or lost. Such platforms allow for clear, transparent communication between all parties, similarly reducing the likelihood of misunderstandings that can lead to conflict further down the line. They also support a more efficient process, heading off some of the frustrations that can lead to poor decision-making when a case is taking too long to resolve.
The rise in contested probate cases reflects broader societal changes and underscores the importance of effective estate planning. Early intervention is key, addressing potential issues before a small problem becomes a major concern. By leveraging digital tools and being proactive, solicitors can navigate these challenges effectively and in a way that is better for their business and better at delivering the right outcomes for their clients.
Phil Hickson is SVP, Global Partnerships at The Estate Registry
This article was submitted to be published by The Estate Registry as part of their advertising agreement with Today’s Wills and Probate. The views expressed in this article are those of the submitter and not those of Today’s Wills and Probate.
