Contested Probate on the Rise: Are You Ready?
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Katie de Swarte
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MoJ indicates steep rise in contested probate: are you prepared?
The contested probate team at Osbornes Law acts for executors and beneficiaries involved in complex contested wills and estate disputes.
The chances of being involved in wills and probate disputes are increasing each year. This is the worrying reality borne out by Ministry of Justice figures, which reveal a 37% increase in probate disputes reaching court between 2014 and 2023.
The MoJ data was obtained by The Level Group who surveyed 2,000 adults about their inheritance expectations. It revealed that around 38% of adults would be willing to dispute a will (8% would do so even if they thought they might not win). London saw the largest proportion of people willing to take court action.
Anyone involved in a wills and probate disputes should consider taking prompt advice from specialist contested probate solicitors. We are experienced in helping clients negotiate an early settlement to avoid the expense and stress of court action.
What’s behind the rise?
Probate litigation is distressing and expensive, draining the estate of funds that would otherwise pass to the deceased’s beneficiaries. So what factors are driving this rise in inheritance disputes?
An ageing population – As the UK population is living longer, there are more disputes around lack of capacity to make a will; and alleged duress and fraud. Often, these cases involve a claimant aggrieved at the terms of the will in dispute, and seeking to have an earlier will propounded.
Inheritance unfair/less than expected – The research indicated that a third of respondents were depending on an expected future inheritance for financial reasons. Individuals whose expectations have fallen flat following a loved one’s death are more likely to claim reasonable financial provision out of the estate.
Lack of communication – When you make a will, it is prudent to discuss your intentions with family members to avoid unexpected surprises after your death. There is no legal obligation to tell your family what the terms of your will are, but discussing potential contested issues would be sensible. For example, if you plan to exclude a child because of earlier financial mismanagement, or reduce a loved one’s inheritance because of a lifetime financial gift you have given.
Disinherited children – A disinherited adult child may bring an inheritance claim, on the basis they should have been provided for by the parent. The courts are increasingly willing to allow such claims in certain circumstances, though financial awards to adult children are usually restricted to a ‘needs only’ award.
Lack of wealth planning – Delaying effective and thorough wealth and estate planning (or ignoring the need altogether) may make it too late to avoid future disputes. If you die without a valid will, the statutory intestacy rules dictate who will inherit your estate according to a strict next of kin hierarchy. This may not reflect what you would have wished during your lifetime – and could lead to an unfair result for your dependents.
Changes in inheritance tax – From April 2026, the availability of inheritance relief on agricultural property and business property will be capped at £1m on the combined value of eligible property. Many farming estates are undergoing restructuring to protect themselves and the next generation from the negative impact of this, and could lead to future disputes.
Executor disputes – Executors may have an unenviable task when dealing with the administration of a high value or complex estate. Where other individuals are increasingly willing to contest the estate, there is increasing risk of dispute between executors and/or the beneficiaries.
How can I reduce the risks?
Both the MoJ data and the reported research should prompt every adult in the UK to ensure their assets, and their loved ones, are protected with early and wealth planning and regular reviews.
Where a probate dispute has arisen, we will help you prevent matters from unduly escalating. We can advise you on the merits of your case and help you negotiate an early settlement before court action becomes necessary.
How we can help you
For expert advice about wills disputes and contested probates, speak with the expert contested probate solicitors at Osbornes Law. Contact us by:
- completing our online enquiry form;
- or calling us on 020 7485 8811
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The responsive team at Osbornes acts for a wide range of wealthy individuals and families on a variety of trusts and estate matters.
The team work efficiently together and exceptionally good at sharing their extensive knowledge and ideas so that their cases can move forward quickly.
They are friendly, responsive and knowledgeable.
When I refer to Osbornes I know that my clients will be well looked after and advised.
Very good at general advice on estate and inheritance tax planning and dealing with IFA's where trusts have funds under investment.
They are on the ball, efficient and not phased by complexity. Sound advice and reliable.
I instruct them in both straightforward and complex cross-border probate applications.
The practice at Osbornes often acts for a wide range of HNW individuals and families on complex estate and trust cases, frequently dealing with cross-border estates.
The Osbornes contentious trusts team is a force to be reckoned with in the London market.
Osbornes is a strong medium-sized firm based in North London but with a regional presence.
Most of the team have a solid grounding in non-contentious work which greatly assists in finding effective compromises to complex disputes.
A team of dedicated specialists led by Jan Atkinson.
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Osbornes has a young and dynamic team that is really going places. They have a real passion for private client work with the ability to deliver great results.
They have a personable, sensible but commercial approach.
Osbornes has good clients and an extremely capable team of private client litigators. All of the partners are excellent and the trainees are also very helpful.
We'd like to thank all of you for your professionalism in helping us deal with everything for the past 17 months. Even though our choice of law firm at the beginning was random, we're glad we came to you. We're very grateful that you're on our side and fighting for what's rightfully belongs to us! We couldn't have had a better lawyer representing us and we appreciate you more than you can imagine.
A full service team which punches above its weight, dealing with a range of UK and international clients.
Very high standards of client care, efficient and very good collaboratively when working for clients in common with our firm.
Jenny Walsh is a full member of STEP and a key figure who specialises in non-contentious private client matters, often with a cross-border dimension.
The nimble team at Osbornes acts for trustees, executors, personal representatives, and other high-net-worth individuals.
Excellent team doing high-end work. Would always consider for referral and conflict work.
Jan Atkinson heads up the team and is a respected senior lawyer.
A well-established contentious trusts and probate team.
An ambitious team who work hard for their clients.
The calm and experienced Jan Atkinson is at the helm of the team.
Osbornes acts for a wide range of high-net-worth individuals, families, and trust companies in complex estate and trust litigation.
Osbornes has a practice which is big enough to take on substantial cases and small enough to retain a personal touch.
With a deep sense of gratitude, I want to thank you all for your diligent and comprehensive contributions and assistance in my legal travails.
I am sure you know how stressful legal proceedings can be for everyday laypersons like myself. Thankfully, you have been a bastion of support and reassurance during these trying months, and I struggle to find the right words to express my sincere gratitude.
Thank you from the bottom of my heart.
A private client team offering a range of services to assist with private client matters including trust and probate services. A friendly approach with a keen eye for detail.
I have been a client of this firm for a number of years and been impressed by particular individuals, the care and thoughtfulness with which they have worked.
An efficient firm which provides an excellent service at highly competitive charging rates.
The team receives a steady flow of instructions from high-net-worth individuals and families on an array of tax planning, wealth preservation, estate and succession planning issues
I think this firm has excellent strength and depth in this area, for both contentious and non-contentious work, and they can hold their own against any other firm.
I have found them to be incredibly knowledgeable and pragmatic in settling claims for their clients.
The contested estates team is strong with talented young solicitors doing good quality work
The nimble team acts for a broad range of high-net-worth individuals and families on a variety of complex estate and trust litigation.
Osbornes has a ‘strong private client department’ and ‘the firm seems to be going from strength to strength’.
Thank you for managing my case, following a complete fiasco before I contacted Osbornes Law. I know that the work involved was rather complicated, possibly frustrating and often time consuming. I was impressed with your current knowledge of the case when we had the first meeting at your office. I regard a face-to-face meeting as imperative in developing positive relationships. Members of your team, such as Alex and Ella were impressive too, with their efficient, friendly manner of working.
I am grateful for your patience, advice and excellent support at a difficult time. Hopefully it won't be necessary to contact you again regarding this matter! I will definitely use Osbornes Law in the future.Jan Atkinson is an impressive lawyer who knows her way around private wealth dispute matters. She is very experienced in lengthy and fraught disputes and knows how to achieve good solutions for all parties involved. She is very on the ball and works very efficiently.
"Jan Atkinson, with her steely, steady, calming presence, instils confidence in the most highly-strung of us clients. With her masterful knowledge of the law, old and new, and its application, Jan can navigate through the most complex of cases to a successful end."
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"A medium-sized London firm dealing with big litigation and doing it extremely well because of a depth of expertise and experience."
My family had the pleasure of Jan Atkinson working with us on the will and probate issues of [my mother's] estate in Camden and Ireland after she passed on last year. Jan and her assistant(s) offered us a fantastic service at a sad time.
"Jan Atkinson stands out for her wide-ranging knowledge and experience of estates; whatever problem you throw at her, she has seen it all before and is able to find a creative and sustainable solution. She has exceptional commitment to her clients and explores every avenue to find the best solution for them"
The team is very caring, experienced and detailed and was clear about the next steps and offered very helpful advice and suggestions
Jan Atkinson has extensive experience in private client matters, which underpins her excellent skills in the contentious probate area. Plus she is strong on international matters
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I would highly recommend Jan Atkinson in any probate matter and Osbornes Solicitors in any other legal matters.
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We have found your service to date as the most informative we have come across.
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