LEGAL


Coronavirus pandemic could lead to increase in will disputes


The inheritance disputes team of East Midlands law firm Nelsons has reported an uplift in contested probate enquiries – and it believes the figure could increase even further over the next few years following the coronavirus pandemic. Rising estate values, driven by


greater property ownership and increasingly complex family structures, mean potential claimants are now more prepared to challenge a will. It comes after the Ministry of


Justice reported the number of inheritance disputes taking place in the High Court were at an all-time high in 2019. There were 188 cases brought by individuals who claimed they were entitled to a share or larger portion of an estate. This is an increase from 128 in 2018, 145 in 2017 and the previous record of 158 in 2016. Lewis Addison, partner and


specialist inheritance disputes solicitor at Nelsons, said: “We’ve definitely seen an increase in people wanting to contest a will, so the data from the Ministry of Justice isn’t surprising. This rise is possibly because there is now more property ownership than there was in previous decades, which makes the prospect of claiming more attractive.


Lewis Addison “As the vast majority of


contested estates are settled or abandoned before court proceedings are even issued, the reported figures are probably just the tip of the iceberg.” Over the past three years,


Nelsons – which has offices in Nottingham, Leicester and Derby – has grown its inheritance disputes team from two to eight people to cope with the increased demand. Lewis believes the coronavirus pandemic could cause a further spike in contested wills. Until now, for a will to be legal, it needed to


‘As the vast majority of contested estates are settled or abandoned before court proceedings are even issued, the reported figures are probably just the tip of the iceberg’


be executed in the presence of at least two witnesses. However, in September, the government introduced new legislation allowing wills to be witnessed virtually in England and Wales due to difficulties arising from Covid-19 restrictions. The reforms have been


backdated to 31 January 2020 – the date of the first confirmed coronavirus case in the UK – and will remain in place until 31 January 2020, or as “long as necessary”. Lewis said: “This change in


legislation, while perfectly legitimate, opens the door a little bit more to somebody being judged to have lacked capacity at the time of executing their will, which is one of the most common grounds on challenging the validity of the document. “On the other hand, some wills tend to get made later in someone’s


life after a neurological diagnosis, such as early onset dementia or Alzheimer’s disease, or a condition like a stroke may have affected cognitive function. If someone doesn’t have a will in place, these issues could have spurred them into writing one quite quickly. “At this point, their capacity


could be questionable and no assessment, even one by a medical professional, is completely fool- proof. This means people can raise questions after a person has died. In these cases, a psychiatric expert will be appointed to judge medical records and witnesses will be called to give anecdotal evidence.” The validity of a deceased’s will


can be disputed for a variety of reasons, including undue influence by a particular party, errors in the way the will was prepared or executed, “want of knowledge and approval”, and undue influence.


Law firm to act on housing framework


Top 200 law firm Roythornes Solicitors has won a place on the Regenda Group framework to deliver legal expertise across its housing, construction care, and support focused organisations. The firm, which has an office in Nottingham was


awarded two framework lots, including the property, development, and construction lot, which will be headed by Bhavesh Amlani (pictured), partner and head of real estate. Its place on the housing, management, and


commercial lot will be led by specialist Bukola Obadun- Craigs, who recently joined Roythornes as a partner. The Regenda Group is a forward-thinking collection


of organisations, which works to regenerate places and create opportunities for people. Its core business is Regenda Homes, a housing association managing more than 13,000 properties across the North West. This recent success is hot off the heels of several new client wins for Roythornes, with the real estate and


property team securing a number of new accounts this year. Bhavesh said: “We’ve built a reputation for our


experience and expertise in the social housing sector, so this appointment marks a significant milestone for us. “Property litigation, specifically housing management – which includes leasehold management and housing management litigation – is my particular area of expertise, so I’m delighted to have secured the housing, management, and commercial lot on the framework. “Regenda Group largely looks after social housing, independent living schemes and supported homes so it’s an ideal partnership that aligns with my expertise.” Julie Vincent, director of business assurance at The


Regenda Group, added: “This framework will enable The Regenda Group and other organisations operating in the housing sector to access great quality legal support via businesses that match our strong social values.”


business network November 2020 69


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