David Draisey discusses how and why to contest a Will in WealthBriefing
David’s article was published in WealthBriefing, 2 May 2025, and can be seen here.
David Draisey, head of our Litigation & Dispute Resolution department, explores the increasing prevalence of Will disputes in England and Wales and offers practical guidance for private client advisors and potential claimants.
With intergenerational wealth transfers becoming more frequent, the number of contested Wills is steadily rising. In 2023, the Chancery Division of the High Court handled 122 contested probate claims, up from 116 the previous year. These disputes are often driven by emotional and financial motivations, with common concerns including the testator’s mental capacity, undue influence, or dissatisfaction with the distribution of assets.
David explains that disputes can also arise from miscommunications or mixed messages given by the testator during their lifetime. Beneficiaries may be led to expect different outcomes, only to be surprised by the final contents of the Will. This mismatch between expectation and reality can lead to conflict, especially when compounded by grief and longstanding family tensions. In some cases, the estate is viewed as “family money,” and any deviation from expected inheritance such as leaving assets to a non-relative can be perceived as a deep injustice.
While not every Will can be legally challenged, David outlines the key grounds on which a claim may be brought: lack of testamentary capacity, improper execution, failure to understand the Will’s contents, or undue influence. For private client advisors, the focus should be on helping clients create clear, well-documented Wills and managing disputes with empathy and legal precision. Understanding the emotional and legal complexities involved is essential to supporting both testators and potential claimants through what can be a highly sensitive and contentious process.
Read the full article on the WealthBriefing website [external link].
