Do you think your Will or Estate may be Contested after your Death?

Posted 22 July 2020 by Capron and Helliwell

It has been reported by the Society of Trust and Estate Practitioners (‘STEP’) that “the number of English wills being contested through high court litigation reached a record level of 188 in 2019, as house prices continued to rise and cohabitation and second marriages became more commonplace”.
If you are thinking of making a will (or if you have already made one) and are concerned about the possibility of a claim being made following your death, please feel free to contact us to discuss the matter and obtain advice relevant to your circumstances.  It may not be possible to stop a claim being made following your death, but there are actions you can take during your lifetime to ensure any claim made is less likely to succeed so your wishes in your will are more likely to take effect.
It seems likely that in future, an increasing number of cases will be made against estates for a variety of reasons and so it is really important to plan ahead for the possibility of this.  Making a will sounds so obvious but is overlooked by many so if you have not already done so, do consider making a will.
There are many different ways a claim can be made against a will or an estate following a person’s death.  Just one method would be to challenge the validity of the will.  Homemade wills are particularly risky and there are many ways in which DIY wills can go wrong.  
You may not be able to control whether a claim will be made against your estate, but what you can control is the likelihood of its success.  Every case, of course, depends on its own circumstances so always take legal advice from a trusted professional about your own set of circumstances.

This article aims to supply general information but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek specific advice.

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“Capron & Helliwell” & “Capron & Helliwell Solicitors” are trading names of Capron & Helliwell Solicitors LLP, a limited liability partnership registered in England & Wales (LLP Number OC442740) whose registered address is 6 High Street Stalham Norfolk NR12 9AN.  Capron & Helliwell Solicitors LLP is authorised and regulated by the Solicitors Regulation Authority – No 8000009.

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