Probate disputes jump 12% as inheritance fights increase
A thousand more applications to stop the probate process were lodged last year, as family fights over inheritances intensify.
More families are purposely delaying the probate process to deal with arguments over who should inherit which assets, according to new figures from the Ministry of Justice (MoJ).
In excess of 11,500 applications to halt the after-death administration of estates, known as probate, were filed last year, Freedom of Information data from the MoJ obtained by law firm TWM Solicitors found.
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“In many parts of the UK even relatively modest estates can now be worth £500,000 to £1 million simply because they include a family home,” said Downey. “As the value of estates rises, so too does the potential for disputes between family members.
Why would you apply for a probate caveat?
The fact that it costs just £3 to apply for a probate caveat means there is relatively little barrier on individuals wanting to block the distribution of an estate.
The rise in blended families – often involving stepchildren, half-siblings and second marriages – is in part contributing to a greater number of disputes, Downey said.
“It is becoming more common to see children from different relationships taking action against each other when they feel they have been treated unfairly or overlooked in a will,” he explained.
People also apply for probate caveats when they have concerns about either the validity of a will or the suitability of an individual to act as executor of an estate and want that person removed.
“Challenges frequently arise where there are concerns about whether someone had the mental capacity to make or change their will, particularly where dementia or other cognitive conditions are involved,” Downey said.
“Families are also increasingly alert to the possibility that vulnerable individuals may have been pressured into altering their wishes.”
How to avoid disputes over probate
Inheritance disputes can be distressing, costly and inflict lasting damage on family relationships. And with rising property prices meaning increasingly higher-value estates, there is more at stake and greater scope for disagreement over both the terms of a will and who should administer it.
“A 12% rise in probate caveats is a clear warning sign that more grieving families are finding themselves in dispute at what is already a difficult time,” Downey said.
He stressed the importance of careful estate planning before death to avoid problems further down the line. As well as a will, a letter of wishes can help explain inheritance decisions to loved ones.
“Thoughtful estate planning and regular reviews of a will can significantly reduce the risk of disputes, delays, and distress for loved ones,” he said.
Where disagreements do arise, early mediation can often provide a faster, more cost-effective and less confrontational route to resolution than litigation, he added.
