Articles

Battle of wills: why more of us are going to court

Battles over wills are some of the most bitterly fought of courtroom contests - and they are on the rise. The number of High Court cases involving wills and inheritance rose by 175 per cent - from 83 in 2006 to 228 in 2007, according to the latest figures.

Sarah Albury, senior associate in Mishcon de Reya's private client group, said that the changes were welcome because there had been no increase since 1993 and current market conditions aside, the increases would bring the legacies into line with the increase in property prices and the overall rise in the value of an average estate.

So from February 1, the new statutory legacy payable to a surviving spouse or civil partner increases to £250,000 (where there are children) and £450,000 (where there are none).

However, Albury cautions that people should not be misled into thinking that they don't need to bother with a will - the "only way to ensure that those you love and are obliged to care for are adequately provided for". Leaving it to chance, she adds, can bring "heartache, increased taxes and significant costs for those left behind". In the long run, that benefits only the lawyers, or the taxman.

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