As estates grow in value and family arrangements become more complex, more people are willing – and able – to dispute a Will when they feel they have not been treated fairly.
While inheritance disputes can be stressful, costly and emotionally draining, many of them are preventable with careful planning and the right advice.
Why more Wills are being contested
Several social and demographic trends are driving the increase in inheritance disputes.
1. People are living longer
Inheritances are often received when beneficiaries are later in life – and more financially able to pursue legal action. Longer life expectancy can also mean more people are affected by cognitive decline and conditions such as dementia, and questions often arise about an individual’s capacity to make or change their Will.
2. Changing family structures
Divorce, remarriage and blended families can create competing expectations among beneficiaries. When assets must be divided between children from different relationships, tensions and mistrust between the different parts of the family may arise.
3. Larger estates and rising property prices
Higher property values mean that even relatively modest estates can be worth £500,000 to £1 million. Simply put, there is more money at stake nowadays.
4. A greater willingness to challenge perceived unfairness
Modern beneficiaries are not as willing to accept being left out or to receive a smaller share than expected than they used to be. When expected inheritances don’t materialise, some relatives decide to challenge the Will — particularly if they believe something unfair or improper has occurred.
Common grounds for challenging a Will
While every case is unique, most Will challenges fall into one of four categories:
1. Lack of mental capacity
Challengers may claim that the person making the Will did not fully understand what they were doing due to illness or cognitive decline.
2. Undue influence
This involves allegations that someone may have pressured, coerced or manipulated the Will-maker into making changes to their Will that do not reflect their true wishes.
3. Incorrect procedures
Wills must meet strict legal formalities. Even small procedural errors – such as incorrect witnessing or signing – can invalidate a Will.
4. Fraud or forgery
Though uncommon, disputes sometimes arise where documents are alleged to have been tampered with or falsified.
The human and financial cost of Will disputes
Disputes over Wills can be deeply stressful and emotionally draining, particularly if family relationships are already strained.
Legal proceedings may last months or even years, and the associated costs can significantly reduce the value of the estate itself. For many, the experience is not only financially draining but also personally overwhelming.
How to reduce the risk of a dispute
While not every disagreement can be prevented, careful planning can significantly reduce the likelihood of a challenge later on.
- Make a professionally drafted Will that complies with all legal requirements.
- Review your Will regularly, especially after marriage, divorce, the birth of children or major financial changes.
- Communicate your wishes to family members where appropriate to reduce the element of surprise or misunderstanding.
- Seek legal advice early if you suspect a dispute may arise – whether you are making a Will or concerned about the validity of someone else's.
These steps ensure your wishes are clear, properly documented, and less vulnerable to challenge.
How TWM can help
At TWM Solicitors, our Will, Trust and Estate Disputes team advises clients on both preventing and resolving inheritance disputes. We act for beneficiaries, executors, and dependants in claims involving contested Wills, undue influence, lack of capacity, and the Inheritance (Provision for Family and Dependants) Act 1975.
Our priority is to help clients protect their rights while minimising stress and cost. Where possible, we aim to resolve matters through negotiation or mediation – but we also have extensive experience representing clients in court where litigation is necessary.
If you are concerned about the validity of a Will or need advice on protecting your estate from future challenges, please contact our Will, Trust and Estate Disputes team today.