The results of a recent freedom of information request show that there has been a steady increase in contested Wills during the past few years.
This request was made by legal firm Birketts LLP, and the data comes from the Probate Registry. It shows there was a total of 11,328 challenges submitted last year and that there has been a consistent upwards trend. From 2010, the number of caveats rose annually by 4.49%, on average. Furthermore, the past half decade has seen an average annual increase of 6.20%, with the number first rising above 10,000 three years ago.
When it comes to what lies behind this rise, Barny Croft from Birketts LLP said there were several factors. They include dubious lawyers who talk people into making vexatious claims, and Wills that have not been professionally drafted.
The data indicates the latter issue started to become more common during the Covid-19 crisis. This is because lockdowns made it harder to meet with Will writing solicitors in North Wales and elsewhere. As a result, many turned to writing their own, creating the opportunity for legal challenges.
Another factor that is driving the rise in caveats is that there are now higher numbers of people who marry multiple times during their lives. This creates greater complexity, with arguments between their various partners and children.
Birketts pointed out the sheer volume of people who have drafted Wills without professional guidance means these caveats will almost certainly continue to rise.
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