Contentious Probate Survey 2022 Results
Contentious Probate Survey 2022 Results
JMW Solicitors has conducted a survey of 1,000 people to find out the UK’s knowledge and opinions in relation to contentious probate. Contentious probate refers to any dispute relating to the administration of a deceased person’s estate. This can include contesting the validity of a will, being left out of a will, or making claims on estates where there is no will.
More than half of the UK could be missing out due to a lack of knowledge
Participants were asked a series of questions to test their knowledge of contentious probate matters, including the grounds for contesting a will and the time limit to bring a dispute. The survey results revealed that more than half of Brits could be missing out on assets from friends and family due to a lack of knowledge in relation to contentious probate.
Key findings in relation to knowledge of will disputes include:
- 20% do not understand what it means to contest a will
- 50% do not understand the grounds upon which a will can be contested
- 57% do not know the time limit for contesting a will
- 56% do not know the time limit for issuing a claim against an estate under the Inheritance (Provision for Family and Dependants) Act
- 66% do not understand that a challenge can be brought on the distribution of an estate where there is intestacy
More than half of Brits do not have a will in place
The results of the survey revealed that there are a considerable number of Brits who don’t have a will in place, leaving their assets vulnerable to intestacy following their death. Over 50% of participants admitted to not having a will, despite 60% understanding what it means to die intestate.
When the results are broken down by age, those aged between 18-29 were least likely to have a will (76%), while 75% of those aged 60 and over did have one. There was a 60/40 split for those aged between 30-44 and a 50/50 split for 45-59 year olds.
When we looked into respondents’ circumstances, 55% of those with children have a will in place. However, 69% of respondents who are in an unmarried relationship do not have a will in place, leaving their partners vulnerable to not inheriting anything from their loved one’s estate as there is no legal meaning to the term ‘common law spouse’.
60% of people ‘would take their family or friends to court’ if they were excluded from a will
Most people (60%) are likely to contest a will if they have been wrongfully excluded from a will. If the challenge was to progress to court, 62% would still continue to contest the will, while 60% said they would still challenge a will if it meant going up against a friend or relative.
Almost 10% of survey respondents have contested a will, with lack of testamentary capacity being the most common reason for making a challenge among these, with 45%. This was followed by lack of due execution (25%) and fraud or forgery (14%). A spouse is the most common relationship of someone who has contested a will, with 17%, while ex-spouse was another common relationship at 13%.
Finally, one in five people anticipate being involved in a dispute over someone’s estate in the future due to relationships within their family.
The Full Survey Results
Do you have a will in place to specify the division of your assets following your death?
| Answer Choices | Responses | Percentage |
|---|---|---|
| Yes | 468 | 46.80% |
| No | 532 | 53.20% |
Do you understand what it means to contest a will?
| Answer Choices | Responses | Percentage |
|---|---|---|
| Yes | 468 | 46.80% |
| No | 532 | 53.20% |
Do you understand the grounds upon which a will can be contested?
| Answer Choices | Responses | Percentage |
|---|---|---|
| Yes | 474 | 49.95% |
| No | 475 | 50.05% |
What is the time limit for contesting a will?
| Answer Choices | Responses | Percentage |
|---|---|---|
| Six months | 74 | 7.80% |
| Two years | 93 | 9.80% |
| Five years | 43 | 4.53% |
| Twelve years | 109 | 11.49% |
| There is no time limit | 93 | 9.80% |
| Don't know | 537 | 56.59% |
What is the time limit for issuing a claim against an estate under the Inheritance (Provision for Family and Dependants) Act?
| Answer Choices | Responses | Percentage |
|---|---|---|
| Don't know | 535 | 56.38% |
| Three months | 23 | 2.42% |
| Six months | 187 | 19.70% |
| Two years | 59 | 6.22% |
| Five years | 75 | 7.90% |
| There is no limit | 70 | 7.38% |
Do you understand what it means to die intestate?
| Answer Choices | Responses | Percentage |
|---|---|---|
| Yes | 572 | 60.27% |
| No | 377 | 39.73% |
Are you able to challenge the distribution of an estate where there is an intestacy?
| Answer Choices | Responses | Percentage |
|---|---|---|
| Yes | 624 | 65.75% |
| No | 325 | 34.25% |
How likely would you be to contest a will if you thought you have been wrongfully excluded?
| Answer Choices | Responses | Percentage |
|---|---|---|
| Very Likely | 210 | 22.27% |
| Likely | 356 | 37.75% |
| Unlikely | 282 | 29.90% |
| Very unlikely | 95 | 10.07% |
If your claim had to go to court, would you continue to contest it?
| Answer Choices | Responses | Percentage |
|---|---|---|
| Yes | 586 | 62.47% |
| No | 352 | 37.53% |
If contesting a will meant you were going up against a friend or relative, would you continue to contest it?
| Answer Choices | Responses | Percentage |
|---|---|---|
| Yes | 563 | 60.02% |
| No | 375 | 39.98% |
Do you anticipate being involved in a dispute over someone’s estate in the future due to relationships within your family?
| Answer Choices | Responses | Percentage |
|---|---|---|
| Yes | 170 | 18.12% |
| No | 596 | 63.54% |
| Don't know | 172 | 18.34% |
