Latest figures show an increase in contentious probate cases

The latest figures released by the court show the number of contentious probate cases continue to rise. These include cases where the validity of a will is being challenged, and claims under the Inheritance (Provision for Family and Dependants) Act 1975. It also includes cases dealing with the rectification of wills (cases regarding the way a will was prepared) and the substitution or removal of an executor, administration or personal representative.

In the first quarter of 2020 (January -  March) there were 116 new contentious probate court proceedings in the Business and Property Court in London alone. There has been a steady increase in the number of cases, and in 2019 there were nearly double the amount of cases as there was in 2016.

The figures from Q1 of 2020 are on par with the record from Q2 in 2019. We will have to wait and see whether coronavirus will have an impact on the numbers, but we have certainly not seen a reduction in the number of enquiries we are receiving.

It should also be remembered that these figures are just the tip of the iceberg as they do not include the other courts around the country that deal with contentious probate cases. Also, the vast amount of cases settle before ending up in court.

So what has led to the increase in the number of people making claims against estates?

I believe it is a mixture of the increase of second relationships and the rise in house prices. Second relationships mean that people often leave their estate to their current partner which their children from a previous relationship are unhappy about as it may not come to them on the partner’s death.

Another factor is the rise in house prices. This means estates are much larger, and therefore the potential benefit from contesting a will makes it seem much more worthwhile.

At Birkett Long we have certainly seen an increase in the number of cases over the years. 15 years ago the partner in our team, Amanda Smallcombe, had a few contentious probate cases. Since then the work has increased so much that we are now the largest team in Essex dealing with only contentious probate and court of protection matters. We settle most cases without the need for court proceedings by using alternative dispute resolution, but have recent experience of running cases all the way to a trial in the High Court if that becomes necessary. 

We have vast experience dealing with all types of disputes concerning estates, including challenges to a will to a claim under the Inheritance (Provision for Family and Dependants) Act 1975. If you would like advice, please do not hesitate to contact me so we can discuss how our team can help you.

I can be contacted on 01206 217307 or lisa.cox@birkettlong.co.uk.