A new poll has revealed that millions of Britons would contest a loved one's will if unhappy with asset distribution, despite nearly half not trusting their family to manage their affairs. The survey, conducted by Direct Line Life Insurance, found that over 12.6 million people would go to court to challenge a will they deemed inappropriate.
Almost half of the UK population does not write a will, often assuming assets will automatically go to a spouse or children. Problems frequently arise in blended families, multiple marriages, and cohabiting couples without formal partnerships. Many also fail to update wills, leaving deceased beneficiaries listed.
Legal experts note that the most common reason for contesting a will is 'undue influence', but these cases are the least successful due to high burden of proof. Other grounds include challenging 'testamentary capacity' or seeking 'rectification and construction' for clerical errors.
In 2017, there were over 8,100 applications to stop wills being acted upon, a 6% increase year-on-year. Britons spend £160,000 annually on 'entering a caveat' at £20 each, before legal fees. Jane Morgan of Direct Line said: 'Everyone has the right to choose how they distribute assets, even if it excludes close family.'
Trust issues extend beyond death: barely half of adults have a family member they fully trust to manage finances if incapacitated. Over a third identify a loved one they wouldn't trust, often due to poor money management. Yet 80% of over-45s lack a lasting power of attorney (LPA), with 41 million mistakenly believing loved ones automatically gain decision-making power.
The average cost of establishing an LPA through a professional is £320 plus VAT, though some firms charge up to £2,500. The Money Advice Service provides guidance on wills and LPAs.
