Challenges to Wills on the Rise: Understanding the Reasons and How to Challenge a Will
The Rise in Will Disputes: How to Challenge a Will in the Face of Increasing Dementia Cases and Complex Family Dynamics
As the population ages, the number of people with dementia is set to rise to 1.7 million by 2040, nearly double current figures according to a recent article by The Daily Telegraph. This increase in dementia cases is not only a concern for healthcare professionals, but also for legal experts as it is closely tied to the rise in will disputes.
We are currently experiencing the greatest transfer of wealth in history as over £1 trillion is expected to transfer between generations in the 2020s alone, according to Standard Life. With wealthy baby boomers passing their estates to their children, disputes surrounding wills are becoming more common than ever.
One of the reasons for the increase in will disputes is the ease with which wills can now be made without involving a solicitor, using online services or homemade packs. This can lead to problems if the will is not drafted properly or if a beneficiary is involved in the drafting process.
Family dynamics have also become more complicated with second or even third marriages leading to blended families. This means that there are more people who may be able to bring a claim against a will. Awareness of these claims has increased with cases being widely reported in the media and used as storylines in novels and TV shows.
There are various reasons why a will may be challenged, including issues with the legal formalities of execution or concerns about the mental capacity of the deceased when the will was drawn up. With the rise in dementia cases, capacity is becoming a particularly complex area to navigate as it is difficult to pinpoint the exact moment when a person loses capacity due to the gradual decline associated with the condition.
Undue influence is another common reason for challenging a will, especially in cases where a beneficiary has manipulated the deceased into making a will that does not reflect their true wishes. The rise in vulnerable elderly testators has fueled this issue, as the courts have recognized that even a lesser degree of pressure can amount to undue influence on a vulnerable person.
If you suspect that a will is invalid, it is important to gather evidence such as medical records, solicitor files, and witness statements. Acting quickly is crucial, as it is possible to stop a grant of probate by lodging a caveat at the probate registry to allow time for investigations into the will.
Seeking legal advice from a solicitor experienced in contentious trusts and probate matters is essential in challenging a will. Alexandra McVean, a solicitor at Wilsons Solicitors LLP, emphasizes the importance of acting swiftly and seeking expert guidance when faced with a potential will dispute in the midst of increasing dementia cases and complex family dynamics.