How a Barrister Can Help You Contest a Will: Navigating Family Disputes over Inheritances

Family disputes over wills and inheritances are on the rise. As reported in The Telegraph, over 10,000 wills were contested in 2023, marking a decade high. Several factors are contributing to this increase: soaring property prices, complex family dynamics, and higher rates of dementia. According to Michael Henry of Nockolds Solicitors, people are increasingly dependent on inheritance to secure their financial future, whether for retirement or to get on the property ladder. When someone is left out of a will or inherits less than they expected, it can lead to disputes that often require legal intervention.

Why Are More Wills Being Contested?
In recent years, we’ve seen significant changes in family structures. Second marriages, stepchildren, cohabiting couples, and the rising prevalence of dementia are just a few of the factors driving more people to challenge the division of assets. As Emily Deane from the Society of Trust and Estate Practitioners explains, “The increasing complexity of families is a key factor.”

With the costs of living rising and the value of estates—particularly property—climbing ever higher, families are feeling the pressure. In some cases, individuals who were financially dependent on a loved one feel unfairly treated, leading to legal action. The costs of resolving these disputes can be significant. As Alison Parry of JMW Solicitors points out, even simple claims rarely go to trial for less than £45,000 in legal fees, though many disputes settle before reaching that point.

Given these dynamics, working with a barrister can be essential to successfully navigating probate disputes and ensuring that you receive a fair outcome.

How a Barrister Can Help You Contest a Will

Contesting a will can be an emotional and complicated process. A barrister can provide critical support by offering expert advice, representing your interests, and guiding you through the legal challenges. Here’s how they can help:

1. Expert Analysis of Your Case:
   Barristers are skilled in evaluating the strength of your case. They will review the will, the estate, and the family dynamics to determine if there are legitimate grounds to contest the will. Common reasons for contesting include:
   • Lack of testamentary capacity (e.g., dementia affecting the deceased’s mental state when the will was made).
   • Undue influence by another party.
   • Fraud or forgery.
   • Issues of family dependency, such as a child or spouse being unfairly excluded.
2. Specialist Knowledge in Probate Law:
   Probate law can be complex, especially with modern family arrangements and high-value estates. Barristers bring specialist knowledge and experience, helping you to understand your rights under the Inheritance (Provision for Family and Dependants) Act 1975 or other relevant legislation. This ensures you have the best chance of success when pursuing or defending a claim.
3. Negotiation and Mediation:
   Many will disputes are resolved without the need for a trial. Barristers are experts in negotiation and can help you reach a fair settlement through mediation. This approach can save you time, money, and stress, while also preserving family relationships where possible.
4. Representation in Court:
   If negotiations fail, and the case proceeds to court, your barrister will be there to represent you. They will advocate for your case, presenting evidence and arguments effectively to give you the best chance of success. Having a barrister at your side ensures that you are well-represented, even in the most complex cases.

How to Engage with a Barrister for Probate Matters

If you’re considering contesting a will or need advice on a probate matter, here are some tips on how to engage with a barrister:

1. Get a Referral from a Solicitor:
   In most cases, you will need to engage a solicitor first, who will then instruct a barrister on your behalf. Your solicitor will prepare the groundwork for your case, and the barrister will provide specialist advice and representation.
2. Be Clear About Your Objectives:
   When you first meet with your barrister, be clear about what you want to achieve. Do you want to contest the validity of the will, or are you seeking a fairer distribution of the estate? The more your barrister understands your goals, the better they can tailor their strategy to meet your needs.
3. Prepare Documentation:
   Ensure that you have all relevant documents ready, including the will, any previous wills, and medical records if testamentary capacity is in question. The more information your barrister has, the more effectively they can build your case.
4. Consider Mediation:
   Be open to resolving the dispute out of court. Many barristers are trained in mediation and can help you reach an agreement without the need for a costly and lengthy trial. This can also help maintain family relationships, which are often strained in inheritance disputes.

Conclusion

Disputes over wills are becoming more common as property values rise and families become more complex. Contesting a will is not just about legal rights; it’s often about fairness and ensuring that loved ones are provided for as intended. By working with a skilled barrister, you can navigate the legal complexities of probate disputes with confidence. Their expertise in probate law, negotiation, and court advocacy can make all the difference in securing a fair outcome.

If you are considering contesting a will, don’t wait—seek expert legal advice early to ensure you understand your rights and options.

For more information on how a barrister can support you, contact Quartz Barristers.