Inheritance disputes are on the rise: what are the most common causes and how can you avoid them?

It has recently been reported that a soaring number of inheritance disputes is leading to thousands of families becoming embroiled in lengthy and emotionally-taxing court cases. Here, our inheritance & trusts disputes expert shares her insight.

According to The Guardian, from 2023 to 2024, court claims involving contested wills increased by 5%, with more than 10,000 cases reported annually. What are the key factors that have contributed to this rise in inheritance disputes?

Blended families

Blended families and cohabiting couples often lead to inheritance disputes. The intestacy laws in England, Wales, and Scotland do not recognise stepchildren or cohabiting partners in their order of priority, and as a result, individuals wishing to leave their estate to these loved ones must ensure they have a valid and current will in place.

Equally, issues can arise where a parent has remarried and the married couple leave their estates to each other, often trusting each other to provide for their stepchildren after the first spouse dies. This can happen decades later, by which time those stepchildren might no longer have any relationship with their step-parent. When they learn of the second death and the fact their parents wealth has been passed down to their step siblings, this can cause disputes to arise.

Being left out of a will

Disputes of this nature often occur when sufficient financial provisions have not been made for individuals who believe they should have inherited from a love one’s will. This includes spouses, where they have separated but not yet divorced.

If the will in question doesn’t provide reasonable financial support for someone who was financially dependent on them just before their death, that individual may be eligible to make a claim under the Inheritance Act 1975. Additionally, a child or someone treated as a child of the deceased, including adult children, may also have grounds to claim.

Failure to make a will

Many people are unaware of the importance of having a will in place to prevent their estate from being subject to intestacy rules. This could ultimately mean that an estate is distributed against their loved one’s wishes.

Without a valid will, disputes can arise among family members, as many assume their closest loved ones will automatically inherit, but this is not always the case. Disputes also arise has to who should obtain letters of administration and how the estate is administered.

DIY wills

Homemade or DIY wills may seem like an appealing option due to low cost and ease of creation. However, this method has led to numerous issues for the families when the time comes, often resulting in disputes over matters like the validity of the will.

Without a solicitor present to document that the deceased knew and approved the contents of the will, was not influenced and had mental capacity, it is often easier to contest these types of wills and harder to defend these claims. A common point of contention with homemade wills is the failure to properly sign and witness the document, rendering it invalid.

What can you do to avoid potential inheritance disputes?

Discuss your will with loved ones

Many people simply don’t want to think or talk about death and consequently don’t make a will, which can result in their estate passing to unintended recipients. However, given the potential cost of a dispute, the fact that 51% of us* don’t have a will is quite staggering.

Discussing your testamentary wishes avoids surprises for your loved ones and gives you the opportunity to personally explain and justify your decisions. It is often the case that the hurt of finding out about a loved ones wishes, coupled with grief, can fuel inheritance disputes.

Make or update your will

Proper estate planning and updating a will regularly not only reduces the likelihood of a dispute and a later claim against the estate, but it can also save huge amounts in tax. It can also give family members peace of mind that affairs are in order.

While the most recent will will revoke any previous versions, it is important to destroy old wills to prevent any potential uncertainty or confusion.

Avoid undue influence

A key aspect of preparing or updating a will is ensuring that no undue influence is exerted by others. This is far less likely when a solicitor prepares a will and ensure the testator is interviewed alone, and document that fact.

*According to a survey by Legal & General

If you would like to speak to one of our specialist solicitors, please do not hesitate to get in touch.

Our Legal 500-rated inheritance & trusts disputes team offer friendly but practical advice on this complex area of law.