The Telegraph quotes Tamasin Perkins on the rise of family inheritance disputes and the increasing use of caveats in probate disputes
According to official data revealed to The Telegraph by a Freedom of Information request, family inheritance feuds have hit their highest levels in more than a decade.
More than 11,300 wills were challenged last year, up from 10,410 in 2023. The figures represent a marked increase in disputes, with challenges up 56pc from before the pandemic.
In Britain, a person has testatory freedom – the right to decide to whom or what they leave their money – in all but very limited circumstances. However, this principle is not absolute as those who were financially dependent on the deceased can lay claim to the estate if they are not included.
To do this, the person will usually lodge a “caveat”. This blocks the granting of probate, the vital legal document needed to distribute an estate to the beneficiaries.
Last year, 11,362 caveats were issued, and it’s estimated that approximately 60pc of claimants succeed.
Tamasin Perkins, Private Wealth Disputes Partner, comments for The Telegraph:
We’ve seen a marked rise in caveats in probate disputes, often signalling the beginning of a wider Will dispute. Family tensions and financial pressures are all playing a part. The rise in house prices also means that the family home is becoming more important to younger family members who cannot otherwise afford to get on the property ladder.
"At the same time, people are becoming more switched on; caveats are cheap to obtain and can be done using a simple online process and without lawyers.
"Whilst accessibility is important, this process can be open to misuse when people use caveats tactically to try and force an early settlement. Having a caveat in place holds up the estate administration and can lead to loss where the executors of a Will are not able to take proper steps to administer the estate.
Read the full piece in The Telegraph here (subscription required).
