Reasons Why Contesting A Will Is Becoming More Popular
Cases involving contested probate i.e. contesting a Will are consistently on the rise. Since 2006 claims have risen by 100% and recent figures show that just in 2010 cases rose by 38%. Not only this, but also on the rise are cases that appear in front of the courts rather than just being settled outside by the parties. There are a few reasons why this could be:
Changing Family Structures
The structure of your 'generic' family has become more diverse than ever before. Marriage is more rare than before and children are often born outside of wedlock. Not only this, but unfortunately divorce rates are also on the rise. All this means that there are more people that may have a valid inheritance claim over a deceased person estate than there probably would have been a few years ago.
Complex family structures can lead to issues arising amonst relatives and potential beneficiaries, this is particularly the case where unknown family members are revealed. This resentment can soon transcend itself into probate disputes. This frequently happens where one person believes that the Will is unfair.
The Law is Out of Date
Some probate law can be dated right back to the 1970s and even the 1920s, because of this clearly some of the provisions of the law are outdated. However it is not all like this, for example certain parts of the law have been updated to try and provide for cohabiting couples to have more of a legal claim over their partner's estate where their other half passes away. There is plans for the law to be updated in the future as a draft bill has being produced this year, however as it stands the law cannot always deal with our changing complex family situations in the UK in a fair way.
People Making their own Wills
It is now easier than ever before for people to make their own Wills. DIY Wills are produced without legal help and assistance and quite often leave big loopholes in which inheritance claims arise. These Wills have meant that more beneficiaries are bringing inheritance claims on the grounds that the Will is unfair.
Hard Economic Times
The recession has of course had a negative impact on people's estates. People passed away leaving their estate in negative equity or leaking money due to investments made in share schemes or pensions. This has led to beneficiaries receiving less than they initially thought they were going to get. Due to this there has been even more incentive for beneficiaries to look into contesting a will whereas before they might have been satisfied with what they received.
About the Author
If you need an lawyer experienced in contesting a will, contact Bonallack & Bishop solicitors (http://contestingawilluk.co.uk ) to make an inheritance claim. Senior Partner Tim Bishop is responsible for all major strategic decisions, seeing himself as a businessman who owns a law firm. He has expanded the firm by 1000% in 12 years and has plans for its continued development.
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