
The Rising Number of Contested Wills: Why Professional Guidance is Essential
Recent figures from the Ministry of Justice (MoJ) have revealed a significant rise in the number of contested Wills, with a 34% increase over the last five years. In 2023 alone, 195 inheritance disputes were taken to court, compared with 145 in 2017. Over the past decade, the number of cases has surged by an astonishing 140%. However, these figures only scratch the surface – many disputes are settled before reaching court. With rising property values, complex family structures, and increasing financial pressures, challenges to Wills are becoming more common. A well-drafted Will, created with professional guidance, can significantly reduce the likelihood of disputes, ensuring that your wishes are respected and your loved ones are spared unnecessary stress. How to Minimise the Risk of a Contested Will 1. Seek Expert Will-Writing Services While DIY Wills are available, they often lead to ambiguity, mistakes, or legal challenges. A professionally drafted Will ensures clarity, compliance with legal requirements, and minimises the risk of misinterpretation. 2. Regularly Review and Update Your Will Your Will should be reviewed every five years or when significant life events occur, such as marriage, divorce, the birth of children or grandchildren, or retirement. Keeping your Will up to date ensures that it reflects your current circumstances and intentions. 3. Ensure Testamentary Capacity Challenges to Wills often arise when beneficiaries question whether the testator (the person making the Will) had the mental capacity to do so. If there is any doubt, particularly in cases involving dementia or other health conditions, obtaining a medical professional’s certification can provide crucial evidence of testamentary capacity. 4. Choose Executors Wisely Executors play a crucial role in administering your estate. Disputes can arise if executors cannot work together or if beneficiaries believe decisions are being unfairly made. While family members are often chosen, appointing a professional executor – such as a solicitor – can provide impartiality and expertise. 5. Communicate Your Wishes Clearly Discussing your Will with your family can help prevent misunderstandings and reduce the likelihood of disputes after your passing. While this won’t eliminate the possibility of challenges, it can provide clarity and manage expectations. 6. Understand the Impact of Exclusions Under English and Welsh law, individuals have testamentary freedom, meaning they can choose who inherits their assets. However, under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals (such as close family members or financial dependants) may have grounds to contest a Will if they are excluded. To strengthen your position, including a separate letter of wishes explaining exclusions can help demonstrate your reasoning. The Importance of Professional Indemnity Insurance (PII) At SLS Wills and More, we take every precaution to ensure Wills are drafted correctly, minimising the risk of disputes. However, we also have the added protection of Professional Indemnity Insurance (PII). PII provides financial security and reassurance, covering clients in the rare event of professional error or negligence. This ensures that our clients have peace of mind, knowing that their estate planning is in safe hands. Why Choose SLS Wills and More? With 38 years of experience, Sara Sheppard is a leading expert in Will writing and estate planning. As a member of the Society of Will Writers’ (SWW) Professional Standards Board and a tutor for the College of Will Writing, she is dedicated to maintaining the highest professional standards. Additionally, Sara supports law firms as a locum, ensuring compliance and assisting with complex caseloads. Expert Guidance, Secure Storage Not only do we provide expert advice on drafting Wills, but we also offer secure storage for client documents at no additional charge. Our commitment to safeguarding your legal paperwork ensures that your Will remains protected and accessible when needed. Protect Your Legacy Today A well-prepared Will is one of the most valuable gifts you can leave your loved ones. Don’t leave your estate to chance – seek professional guidance to ensure your wishes are upheld. 📞 Contact us today on 01304 577998📧 Email: hello@slswillsandmore.co.uk🌍 Visit us online: www.slswillsandmore.co.uk “A professionally drafted Will is an investment in peace of mind. By seeking expert guidance, you not only protect your assets but also spare your loved ones unnecessary distress.”Sara Sheppard, SLS Wills and More