Statistics indicate continued rise in conflicts when applying for Probate

Aug. 29, 2012 - PRLog -- Statistics released by the Ministry of Justice illustrate that in the last five years the number of probate application disputes being dealt with by the High Court has doubled.

http://www.iwc-ltd.co.uk/probate__applying-for-probate.html

Although there are a wide range of reasons for the increase two of the highest profile cases; those involving the RSPCA and the estate of Sir Jimmy Saville, provide the clearest indication of the root cause of the increase.

For many years family arrangements have become increasingly complex. The Office of National Statistics in 2011 published figures showing that the number of children born to unmarried parents accounted for almost 50% the total number of births. During the same period the divorce rate has also been steadily rising, as has the number of second families.

The law regarding intestacy has not changed during the same period of time. 'Common law' spouses remain unrecognised and as a result of the death of one partner, unless any assets are held jointly, they will pass to children, or to another family member, and not to the surviving partner.

http://www.iwc-ltd.co.uk/letters-of-administration__intes...

While the Inheritance Act 1975 has created a category for couples that have lived together as husband and wife, there is no such provision under the intestacy rules. Instead, those who have not been provided with any inheritance must make a claim, and if agreement cannot be reached by a deed of variation, they will suffer the costs of litigation.

Obviously a degree of responsibility in planning falls to those who have more complex family arrangements. A well drafted will avoids many of the issues involved. However recent figures released by the Law Society indicate some two-thirds of the population does not have a will. A similar number of people are unaware that marriage or remarriage revokes a will.

Other factors which have had an effect on the rise in disputes are the increases in personal wealth. Even despite the recent economic turmoil property prices in particular have seen an overall increase in value. This has been cited in a number of cases as a reason that disappointed beneficiaries have considered it worthwhile making a claim.
Another contributing factor to inheritance disputes is the increases in both life expectancy and instances of senile dementia. Many cases are raised on the basis that the deceased lacked the capacity to make a will, or as a result of concerns that a family member has exerted excessive influence in the creation of a will.

With the growing range of factors involved it is clear that legislation cannot effectively manage a solution. As people's lives become more complicated, it is to be expected that the number of cases involving challenges to wills is likely continue to rise.

http://www.iwc-ltd.co.uk/contentious-probate.html