A recent rise in legal challenges to Wills and flawed documents has made it far easier for relatives to monies from deceased’s Estates.

Confidence in Will writing has been further undermined by investigations over dodgy practice. A recent investigation by the Legal Ombudsman revealed one in five Wills were failed by experts in a ‘Mystery Shopping’ exercise. The poor quality of the Wills together with sharp, excessive sales practices by untrustworthy ‘flash firms’ that take money and disappear were leaving people exposed.

Recent years have seen a massive increase in challenges to Wills due to a combination of bad advice, the recession and the greater complexity of family life.

The case of Heather Ilott earlier this year emphasises this. She was awarded £50,000 from her estranged mother’s Estate despite the entire £500,000 being left to charity. This ruling can only add to a feeling that a Will is definitely worth challenging. Heather Ilott had left home at seventeen after running away to live with her boyfriend causing a family fallout with her mother Mrs Jackson. Mrs Jackson left specific instructions her daughter should not receive anything as they had not spoken in 25 years. Heather Ilott challenged the Will claiming ‘unreasonable provision’ and was awarded £50,000. After much toing and froing between the High Court and the Appeal Court the ruling was upheld.

This gives great weight to adults whose claims seem weak- that any challenge would be successful and adds fuel to the fire to those who do not see the necessity for a Will.

The Chair of the Legal Services Consumer panel has urged the Will Writing Industry to be regulated.

Here at MS Legal we have the specialism and expertise to ensure that your final wishes are respected and carried out. There are huge personal and financial consequences for families and loved ones if proper advice is not given or an effective Will drafted.