The number of contentious probate applications is on the rise as many families question the validity of their loved one’s Will, casting doubt on how legally binding it is.
According to data obtained by Taylor Rose in a freedom of information request from HM Courts & Tribunals Service, there has been a 56 per cent increase in the number of cases from 2019.
As cases increase, it’s important to ensure your Will is watertight and you have followed the correct procedures to validate it, making it legally binding.
As noted above, there has been a 56 per cent increase between 2019 and 2024. In 2019, 7,268 applications to block probate were submitted, rising to 11,362 in 2024.
The final quarter of 2024 also saw a record number of applications submitted. 3,061 applications were submitted, making this the first time 3,000 applications have been submitted in a single quarter.
While it isn’t disclosed why the number of contentious probate applications has increased, it emphasises how important it is to have a Will that clarifies your final wishes and how you want your estate distributed.
There are measures you can take to ensure your Will is protected and reduces the chances of being contested.
The most important step you can take is having witnesses in place when creating or updating your Will. These witnesses can see you make changes and sign the Will to ensure its authenticity.
Your witnesses also need to sign to validate your Will and it is your legal obligation to ensure you have witnesses present.
In addition to this, you should be updating your Will regularly to reflect major life events.
Any births, marriages and deaths are likely to affect your estate planning and Will.
Updating regularly ensures your Will accounts for all beneficiaries and assets you want to include. It also reduces the scope in which a person can contest your Will because your Will is as up to date as it can be.
You should also ensure your executors can find your Will as if you lose it, your estate is then distributed under intestacy rules.
As your executors have the responsibility of handling your estate, it’s important they can access to your Will to ensure your wishes are fulfilled.
When creating or updating your Will, you may decide to write a letter of wishes. In this letter, you can explain your decisions and the reasoning behind them.
While a letter of wishes isn’t a legally binding document, it does give families a clear understanding of your thoughts and feelings behind the decisions in your Will.
The rise in contentious probate applications highlights the importance of having a Will that reflects your wishes and is up to date.
It’s essential to check your Will and this is where legal experts can support you. They can help you create or update your Will and explain what it must do.
For all estate planning and Will queries, get in touch with our team.
