There has been a 5% rise in contested wills reaching the courtroom between 2022 and 2023.
According to Mark Woloshak, Head of Litigation at Howells Solicitors, this is a “trend that appears to be continuing”, especially with the likes of TV personality Martin Lewis advising individuals to use a ‘free wills service’ without legal guidance or supervision.
Mark said that the reasons behind these disputes are varied, but one primary factor is family disappointment. Many contest a will when it doesn’t align with what they believed the deceased wanted. He said:
“People often challenge a will because its contents do not reflect what the testator (the person who made the will) had shared with friends or family about their intentions.
However, simply being disappointed by the will’s contents or a family dispute is not valid grounds for a legal challenge.
In certain circumstances a will can be challenged if it has not provided for a person who was dependent upon the deceased. This is especially so if that person was the deceased’s spouse/civil partner or minor child.”
Another key issue is homemade wills, something that is becoming more popular in recent years. Most notably, this week Martin Lewis took to his Money Show advising individuals on ‘Free Wills’, which are, according to Mark Woloshak, particularly vulnerable to be contested. He said:
“Wills, made without professional legal guidance, can lead to ambiguities or errors that spark legal disputes.
While testamentary capacity—whether the deceased had the mental ability to understand their will—is a common reason for contesting a will, the law also recognises undue influence – where a testator may have been pressured into altering their will- as a reason why a will can be challenged.”
Mark Woloshak recently represented a family whose inheritance was almost wiped away after the emergence of a supposed “handmade will” that left everything to the deceased’s neighbour.
Another reason for will contesting that Mr Woloshak can be suspicions of fraud or forgery. Family members might claim that the deceased’s signature was forged leading to a legal battle over the legitimacy of the document. He added:
“Challenges based on fraud or forgery are particularly difficult to win, but they are becoming more frequent as people become more suspicious about their inheritance and the chances of success depend heavily on the strength of your evidence. The evidence of hand writing experts can lead to wills being overturned”
