The increase in the number of probate disputes being heard at the High Court is being blamed on the increasing number of DIY Wills being made in the UK.
The High Court heard 368 cases relating to probate last year, up from 282 in 2017 and 227 in 2017.
DIY Wills, templates and kits can be purchased online quite cheaply. However, creating a Will is not a one-size-fits-all purchase and can be a complicated process for someone who does not have specialist legal training.
As a result, many people are creating a Will that omits key information, contains numerous errors and does not comply with the legal requirements that a Will must adhere to.
This has led to an increase in the number of probate cases, with Wills containing errors that could be avoided if people sought advice when creating them.
Christina Blacklaws, President of the Law Society, said: “With the range of different estates and circumstances that exist, it is vitally important people consult a professional when writing their Will. Probate law is complex and DIY Wills can easily contain mistakes which render them illegitimate or difficult to administer.”
To ensure that your Will is legally binding, correctly administered and avoid lengthy probate cases, contact one of our experts today.
Lee McClellan, a Partner with Palmers who specialises in contested Wills, said: “These findings are not a surprise and it is certainly no coincidence that a separate study recently found that a quarter of people would consider disputing the contents of a Will.
“If a Will has been poorly written, there will inevitably be room for a would-be beneficiary to argue the interpretation of the document.
“At Palmers, we understand that writing your Will is incredibly personal, which, to a degree, may explain why some people decide to draft it in person, but we would always recommend seeking professional legal advice.
A Will that has been professionally drafted and witnessed also helps to reduce the chances of a successful challenge, by ensuring that there is professional evidence available regarding issues such as mental capacity, knowledge and approval, due execution and the clear revocation of previous versions of the Will.
“We have experience of drafting Wills and also handling disputes involving estates here at Palmers. For more information, please contact us.”