Bury and Bolton law firm Clough & Willis has seen, and predicts it will continue to see, a growing demand for its Contentious Probate services. The firm has reported a rise of about 25% in new enquiries over the past three months compared to the same period last year.
A contentious probate or disputed Will is a dispute involving inheritance or the validity of a Will. They usually stem from someone feeling a Will didn’t leave them what they felt they deserved or were promised, or they may have concerns regarding the way in which a Will was made.
Reasons given to the firm have mainly centred around Wills being rushed, badly drafted by inexperienced solicitors or non-legally binding documents which the deceased believed constituted as an official Will. Other grounds for litigation have included undue influence, lack of knowledge and approval, and a belief that Wills were fraudulent or forged.
Grahame Henry – senior associate and dispute resolution solicitor – said: “This trend is concerning as it shows many people are accessing bad advice or don’t understand the process of making a Will. The result for those left behind can be devastating – both financially and emotionally. It’s essential we all understand how important making a Will is and that it should be carefully thought out and then drafted in conjunction with a highly reputable solicitor.
Grahame added: The past few years have seen a rise in non-specialist lawyers moving into the Will drafting sector, so going for the cheapest option can have serious ramifications. We’d implore that clients do their due diligence to ensure a Will is legally valid and outlines their true wishes.”
