top of page

Inheritance - Half Of Brits Could Be Missing Out

JMW Solicitors has published results from a

new survey of 1,000 respondents revealing that half (50.05%) of Britons do not understand the grounds on which a will can be contested. Despite this, 80% of Britons claim to know what it means to contest a will - highlighting a significant gap in the public’s understanding of wills and their provisions.


To contest a will, there must be grounds to suspect any of the following:

  1. Lack of testamentary capacity The person who made the will was not of sound mind when giving instructions about the distribution of their assets.

  2. Lack of due execution A will must be signed in the presence of at least two witnesses, and it must appear that the person making the will intended to give effect to its contents.

  3. Fraud or forgery A will that has been forged or altered in any way.

  4. Undue influence The person who made the will was manipulated or coerced into making certain provisions in their will.

  5. Lack of knowledge or approval The person who made the will did not know of the contents of the will or approve of its contents.

  6. Poisoning of the mind False statements made to the testator about someone who otherwise may have benefitted from the will with the aim of encouraging the person to change the contents of their will.

Further results show a lack of knowledge on time limits to contest a will or issue a claim against an estate. More than half (56.59%) of respondents did not know that a will typically needs to be contested within 12 years of the deceased's passing.


Similarly, 56.38% were unaware of the six-month time limit to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. However, two-thirds (65.75%) of Britons understand that they can challenge the distribution of an estate in cases of intestacy.


In light of these findings, Alison Parry Head of Wills Disputes at JMW Solicitors said: "Our survey results highlight the importance of public education on wills and probate matters. Understanding the legal complexities surrounding wills could prove vital in safeguarding potential inheritances. We are committed to providing the necessary guidance to help people navigate this often confusing area of law."


Most Read

Lambing Days Return To Hampshire Farm Shop

Lambing Days Return To Hampshire Farm Shop

Westlands Farm Shop, near Wickham, has announced the return of its highly anticipated Lambing Days, following a complete sell-out across all four days last year.

St Austell Brewery Partners With Student-Run Microbrewery

St Austell Brewery Partners With Student-Run Microbrewery

A leading independent brewer has partnered with a student run microbrewery to produce 500 casks of the students’ popular stout for this year’s Wetherspoon Spring Beer Festival.

New Data Reveals £3.3bn Cost Of Sub-100k Sq Ft Inventory Shortage

New Data Reveals £3.3bn Cost Of Sub-100k Sq Ft Inventory Shortage

An industry report by leading I&L property company Potter Space, in partnership with Savills, has revealed the scale of a decade of undersupply of sub-100k sq ft I&L space, also referred to as small to mid-box.

Categories

  • Jun 14, 2023
  • 2 min read

JMW Solicitors has published results from a

new survey of 1,000 respondents revealing that half (50.05%) of Britons do not understand the grounds on which a will can be contested. Despite this, 80% of Britons claim to know what it means to contest a will - highlighting a significant gap in the public’s understanding of wills and their provisions.


To contest a will, there must be grounds to suspect any of the following:

  1. Lack of testamentary capacity The person who made the will was not of sound mind when giving instructions about the distribution of their assets.

  2. Lack of due execution A will must be signed in the presence of at least two witnesses, and it must appear that the person making the will intended to give effect to its contents.

  3. Fraud or forgery A will that has been forged or altered in any way.

  4. Undue influence The person who made the will was manipulated or coerced into making certain provisions in their will.

  5. Lack of knowledge or approval The person who made the will did not know of the contents of the will or approve of its contents.

  6. Poisoning of the mind False statements made to the testator about someone who otherwise may have benefitted from the will with the aim of encouraging the person to change the contents of their will.

Further results show a lack of knowledge on time limits to contest a will or issue a claim against an estate. More than half (56.59%) of respondents did not know that a will typically needs to be contested within 12 years of the deceased's passing.


Similarly, 56.38% were unaware of the six-month time limit to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. However, two-thirds (65.75%) of Britons understand that they can challenge the distribution of an estate in cases of intestacy.


In light of these findings, Alison Parry Head of Wills Disputes at JMW Solicitors said: "Our survey results highlight the importance of public education on wills and probate matters. Understanding the legal complexities surrounding wills could prove vital in safeguarding potential inheritances. We are committed to providing the necessary guidance to help people navigate this often confusing area of law."


Most Read

Lambing Days Return To Hampshire Farm Shop

Lambing Days Return To Hampshire Farm Shop

Westlands Farm Shop, near Wickham, has announced the return of its highly anticipated Lambing Days, following a complete sell-out across all four days last year.

St Austell Brewery Partners With Student-Run Microbrewery

St Austell Brewery Partners With Student-Run Microbrewery

A leading independent brewer has partnered with a student run microbrewery to produce 500 casks of the students’ popular stout for this year’s Wetherspoon Spring Beer Festival.

New Data Reveals £3.3bn Cost Of Sub-100k Sq Ft Inventory Shortage

New Data Reveals £3.3bn Cost Of Sub-100k Sq Ft Inventory Shortage

An industry report by leading I&L property company Potter Space, in partnership with Savills, has revealed the scale of a decade of undersupply of sub-100k sq ft I&L space, also referred to as small to mid-box.

Categories

Independent Insurance Broker Opens Harrogate Base

Independent Insurance Broker Opens Harrogate Base

Family and employee owned insurance firm, TL Dallas, is expanding its footprint in North Yorkshire with a new presence in Harrogate, as the Yorkshire-headquartered firm continues to invest in regional growth.

Unique Oxford’s Retail Market Thriving Through Placemaking

Unique Oxford’s Retail Market Thriving Through Placemaking

The uniqueness of Oxford’s retail market is a major contributor to the city’s success while other high streets are suffering, says a regional commercial property specialist.

St Austell Brewery Hits 100% Food Waste Diversion In Pubs

St Austell Brewery Hits 100% Food Waste Diversion In Pubs

To coincide with Food Waste Action Week (9-15th March), St Austell Brewery is marking one year of its award-winning waste initiative with a dramatic uplift in recycling and a new commitment to tackling food waste across its whole business.

Recent Posts

bottom of page