Michael Tringham considers the consequences of failure
The number of contentious probate actions fell last year for only the second time in five years. Even so they were 64% higher than in 2006. Meanwhile trust property disputes have soared—from only 10 in 2006 to 111 in 2010, an increase of more than 1000% (Judicial and Court Statistics 2010).
What the Dickens?
Some will disputes must run their course. It took seven years to resolve the almost Dickensian case of Barrett v Bem (No 2) In re Lavin, decd [2011] EWHC 1247 Ch, [2011] All ER (D) 182 (May). The testator Martin Lavin died in hospital in January 2004, leaving seven surviving brothers and sisters. But his “2004 will”, made three hours earlier, named his sister Anne—who with her daughter Hanora and two nurses had been at his bedside—his sole beneficiary. In June she was granted probate, but died five months later.
In 2007 those entitled upon intestacy challenged Martin’s 2004 will, seeking revocation of Anne’s grant and claiming that “the 2002 will”, under which other relatives would benefit, be declared valid. In 2009, handwriting
