Is there any truth in this? And if so, what are the implications, and can anything be done about it?
The answer to the first question is that an increase in dementia diagnoses may have contributed to an increase in such cases in part, but it is not the whole story.
It is certainly true that there has been a steady increase in the number of will challenge claims brought over recent years.
Court statistics indicate that in 2013 there were 97 will challenge (technically known as contentious probate) claims started in the High Court – in 2014 and 2015, these figures were 178 and 164 respectively.
The numbers do not take into account the number of cases that settle through negotiation without Court proceedings being issued. The true number is therefore difficult to assess – but will be much higher.
It is also undeniable that there is a rapidly ageing population, and with that will come an increase in those being diagnosed with dementia.
Further, dementia does present particular challenges in the field of wills. As an illness, it is not always well understood by the public or lawyers.
Many would-be claimants conclude from the fact of a dementia diagnosis, that a person could not possibly have had the necessary mental capacity to make a will.
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