Making An Inheritance Claim: An Increasingly Common Event

Statistics from 2010 say that the number of court cases involving contesting a will has risen 38% in a year, and have also risen more than 100% since 2006. Of course, most cases are still taken care of outside of the courtroom but there are a few reasons why contesting a will in court is becoming more frequently done. Here are a few of the most important reasons:

Changing Family Structures

The structure of your 'generic' family has become more diverse than ever before. Marriage is not as common as it once was and children are much more likely to be born out of wedlock. Not only this, but unfortunately divorce rates are also on the rise. All this means that there are more people that may have a valid inheritance claim over a deceased person estate than there probably would have been a few years ago.

Complex family structures can lead to issues arising amongst relatives and potential beneficiaries, this is particularly the case where unknown family members are revealed. This bad feeling soon ends up becoming a dispute over the Will. This is particularly the case where one party feels the content of the Will is unfair.

The Law is Out of Date

Some probate law can be dated right back to the 1970s and even the 1920s, because of this clearly some of the provisions of the law are outdated. However it is not all like this, for example certain parts of the law have been updated to try to provide for cohabiting couples to have more of a legal claim over their partner's estate where their other half passes away. There are plans for the law to be updated in the future as a draft bill has being produced this year, however as it stands the law cannot always deal with our changing complex family situations in the UK in a fair way.

People Making their own Wills

It is now easier than ever before for people to make their own Wills. DIY Wills are produced without legal help and assistance and quite often leave big loopholes in which inheritance claims arise. These Wills have meant that more beneficiaries are bringing inheritance claims on the grounds that the Will is unfair.

Hard Economic Times

The recession has of course had a negative impact on people's estates. People passed away leaving their estate in negative equity or leaking money due to investments made in share schemes or pensions. This has led to beneficiaries receiving less than they initially thought they were going to get. Due to this there has been even more incentive for beneficiaries to look into contesting a will whereas before they might have been satisfied with what they received.

Source: http://ezinearticles.com/6267443

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