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Navigating the surge in Will disputes: insights from the Financial Times

  • 06 March 2024
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In the ever-evolving legal landscape, the escalating number of Will disputes has become a focal point of concern. Drawing inspiration from a recent article in The Financial Times, titled “England’s courts see rise in the number of inheritance disputes", we delve into the complexities surrounding this growing trend, with a focus on the insights provided by TWM Solicitors.

Key trends

At the heart of the matter lies the interplay of societal, economic, and familial dynamics shaping testamentary decisions. This next decade will see the largest inter-generational wealth transfer in living memory. At the same time, we are in the middle of a cost-of-living crisis, with the end of low interest rates, and those remortgaging seeing the largest jump in their mortgages in over 15 years. Family structures have changed and are continuing to change, with half of first marriages ending in divorce, and those on second marriages have a far higher rate of divorce.

The loss of the patriarch or matriarch in the family structure and inheritance on the horizon tends to be a perfect mix for conflict. Of course, a death in the family means those left behind are often going through the five stages of grief, and those middle stages (including anger) do not help provide an amicable resolution. It is also true that people seem much happier to instruct solicitors to make a claim now than ever before, a trend that has been continuing for the last few decades.

Estate planning in the modern era

In an era marked by unprecedented economic shifts and evolving family structures, meticulous estate planning gains paramount importance. It underscores the necessity for individuals to adapt their approach to Will drafting, ensuring clarity of intentions and resilience against potential challenges. You cannot prevent a challenge to your Will, but you can minimise the cost of any future challenge to that Will.

At TWM, we have witnessed a surge in cases related to contested Wills, reflecting the complexities of modern family structures and financial portfolios. Our specialist Wills, Trust and Estate Disputes team can help you navigate the intricacies of these disputes with a commitment to an empathetic and personal approach to your unique circumstances.

Legal expertise from TWM

We certainly would encourage you to approach your estate planning with diligence and foresight. Our expertise, cognisant of challenges presented by the surge in Will disputes, provides clients with tailored legal counsel aligned with evolving testamentary complexities.

The rise in Will disputes, as highlighted by The Times, necessitates careful consideration, and nuanced legal expertise. Our estate planning expertise can help guide individuals through the complexities of estate planning. For further insights and expert guidance, please do not hesitate to contact us.

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