Rise in Will Disputes in London May Lead to Regulation of Will-Writers

There are two kinds of will disputes. One involves heirs wanting more property, and the other involves the will itself, such as lack of capacity, forgery, and undue influence. With increasing life expectancies and dementia on the rise, the latter is becoming increasingly common.

In London, 228 of these disputes made it to the courts in 2008 compared to just 83 in 2006. Judging by the column inches they attract, these disputes are the new divorce. They involve all the major elements of human drama—family feuds, money, painful rejection, long-buried grudges, dark secrets, mistresses, and an unavailable key witness.

There are a couple reasons for the rise in these disputes. First is the fluctuating property market. The property boom produced more estates worth fighting for, followed by the recession that is threatening to shrink everyone’s piece of the pie. Second is the increasing complexity of the modern family. Some disputes involve second families, where it’s not surprising that everyone doesn’t get along.

While it’s impossible to draft a bombproof will, it helps to have someone draft the will who knows how wills are contested and how to avoid these disputes. Due to the rise in disputes, the Legal Services Board in London is currently investigating unregulated will-writers, which will probably lead to future regulation of the industry.

See Neil Rose, Where There’s a Will There’s a War, guardian.co.uk, Dec. 7, 2010.

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this to my attention.