Lawyer Monthly Magazine - March 2019 Edition

15 Monthly Round-Up www. lawyer-monthly .com MAR 2019 More than twice as many people are cur- rently contesting wills and making inheritance act claims than were last year, according to legal experts at JMW so- licitors. A rising number of blended families, as well as increasing di- vorce rates and civil partnership dissolutions, are among the reasons for the spike in wills dis- putes. Solicitors warned that complex family structures often provide greater scope for inher- itance issues. According to the latest government data from the Wealth and Assets Survey, spouses tend to receive the biggest Contested wills cases double, as divorce and blended families rise TRUSTS & WILLS proportion of inherit- ance when a person dies, with an average value of £80,000. The data showed that 79% of spouse inheritance was received by some- body aged 55 years and over, and this age group are also the most likely to receive money from other relatives and non-relatives. Disputes can arise when the deceased leaves an unmarried partner or has remarried leaving their estate to their new spouse at the expense of children from an ear- lier marriage or relation- ship. This often results in a member of the fam- ily believing they have been inadequately pro- vided for in the will or by the rules of intestacy. This scenario is becom- ing increasingly com- mon as the first genera- tion of blended families ages. The latest Family Court statistics also show a 7% rise in matrimonial disputes, which mainly came from divorce proceedings, while the 2018 update of the gov- ernment’s vital statistics report showed an 8.8% rise in civil partnership dissolutions. Alison Parry, Partner at JMW, says: “All of the data points to a rise in complex family struc- tures that inevitably in- crease the chances of wills being contested or claims being made under the inheritance act. “Add to this the fact that some people don’t even have a will at all, or their will might be years out of date, and it’s not hard to see why there are so many individuals who feel that haven’t been properly provided for when a loved one dies.” The government also re- cently announced new legislation to increase probate fees to as much as £6,000 rather than the current flat fee of £215 - or £155 when applied for through a solicitor. The legislation is awaiting approval from the House of Com- mons, but some experts suggest it could lead to an influx in people push- ing probate through the courts before the costs rise in April 2019. Alison says: “We have been inundated with enquiries about chal- lenges to wills and in- heritance act disputes since the start of the year and I can only see this number rising as a re- sult of the perfect storm of rising probate costs, higher divorce rates and a growing num- ber of blended fami- lies. Those who believe they have been unfairly treated after the death of a loved one should seek legal advice to de- termine whether or not they have a case.”