Disputes concerning wills are becoming increasingly common for a variety of reasons. The increase in property prices over the last ten years means that an average person’s estate is worth more than ever before. We live in more complex family structures with more people cohabiting, divorcing, remarrying and having children with second spouses who may already have children from a previous relationship. People are more aware of their legal rights and because of the sums involved are more willing to become involved in litigation. However, claims cannot succeed just because someone feels that they have been left out of a will unfairly; there must be legal grounds for the challenge supported by evidence.

The most recent high profile, high value claim widely reported by the media is that of Gill v
RSPCA. Doctor Gill was the only child of John and Joyce Gill who in 1993 signed “mirror wills” leaving everything they owned to each other on the death of the first and in default to the RSPCA. The wills specifically mentioned their daughter had not been included because adequate provision had been made by them during their lifetime. On Mr Gill’s death his estate passed to his wife and on her death Doctor Gill brought a claim to overturn her mother’s will.

Doctor Gill’s claim was successful; she persuaded the court that her mother made her will under undue influence asserted by her father, and that because her parents had encouraged Doctor Gill’s expectation that she would inherit the farm and relying on that encouragement she had bought a neighbouring farm, had foregone her career in the pharmaceutical industry and had spent substantial time and labour on her parents’ farm, so that it was not unreasonable for her to expect to inherit it. The court ordered that Dr Gill should inherit her mother’s estate and the RSCPA received nothing.

A challenge to the validity of a will is not the only type of dispute that can arise in this area of law. In the wake of the credit crunch, beneficiaries who are looking to receive as much as possible from an estate are considering claims against executors and trustees for breach of duty in failing to preserve the value of assets. With a falling stock market, any delay by executors in dealing with the administration of an estate can lead to a loss in value of the assets as month-on-month property and share values decline. Trustees are also facing claims for breach of duty, arising out of their choice of investment of trust fund assets, with beneficiaries claiming that as a result of poor investment decisions the fund has lost value.

Contested probate work is a specialised area of litigation involving complex legal concepts and specialist court rules. Birkett Long is one of only a handful of firms outside London to deal with this specialised area of law. The Contested Wills team benefits from the experience of Adrian Livesley, Managing Partner, who in recognition of his wealth of experience in this field, is one of only six lawyers in Essex to be a member of the Association of Contested Trust and Probate Specialists. Philip Hoddell, Head of the Private Client Department, has a wealth of experience in dealing with claims under the Inheritance (Provision for Family and Dependant’s) Act which allows certain categories of people to make claims against an estate for reasonable financial provision, even though the deceased left them nothing in their will.

Amanda Smallcombe, Associate Solicitor, has experience in dealing with all types of claims in this area. Bruce Ballard, who heads Birkett Long’s Personal Tax, Trusts and Probate team, supports the litigators in the team with his unique knowledge.