Many more cases will never reach the courts as they are resolved by mediation.
Although some cases will be speculative, many will be genuine, for example cases brought by co-habitees (partners, spouses or adult children) who relied on living with the deceased for a home.
It goes without saying that for the families defending the Wills, and also for genuine claimants, the disputes increase stress at a time when they are already mourning the loss of a loved one.
There are several reasons why more Wills are being challenged, including the number of cheap and free Wills written in haste in the early stages of the COVID-19 pandemic, and the cost-of-living crisis leading to people seeing a loved one’s Will as a way to boost their finances. That said, of course many claims made will be genuine.
Having a professional write your Will cannot completely stop anybody challenging it, but at Lakes Wills we always consider where a potential dispute might arise, and take steps to mitigate that. This could be by writing in your Will that partner or grown-up child has the right to stay in your home under certain conditions (this always requires careful writing), or where someone is excluded (perhaps a child), we specifically exclude them from the Will and obtain evidence that will help discourage or defeat a challenge.
Ensuring that your Will would stand up in the face of a challenge not only gives your wishes the best chance of being implemented, it also reduces the prospect of extra stress and difficulty for your loved ones after your death.