By the late 2070s, people aged 65+ will outnumber those under 18, reaching 2.2 billion globally making up 27% of the UK population The legal structures surrounding wills, trusts and estates face will need to evolve to meet the needs of this aging population.
With that in mind, how could demographic shifts transform inheritance law, in the context of increasing mental capacity challenges, rising disputes over probate and the potential reforms needed to address these challenges by the year 2075.
Delayed Wealth Transfer and Rising Disputes
As people live longer, the transfer of wealth—typically held by older adults in property, pensions, and investments—is increasingly delayed. This postponement can heighten the risk of inheritance disputes. Late-stage inheritance often coincides with reduced mental capacity, more complex family dynamics, and rising care costs, all of which can clash with beneficiaries’ expectations and complicate the administration of estates.
Dementia, Undue Influence & the Adviser’s Role in Safeguarding Wills
The World Health Organisation estimates that there are 10 million new cases of dementia globally each year – a figure expected to rise as the 21st century progresses. Yet not all affected individuals receive a formal diagnosis. This diagnostic gap has serious implications for estate planning. Without a formal diagnosis, testators may unknowingly expose their estate planning decisions to future legal challenges, as questions around mental capacity and undue influence become more difficult to resolve.
In this context, advisers play a critical role. As inheritance disputes rise – often driven by concerns over capacity, undue influence, and fairness – advisers must take proactive steps to protect both their clients and themselves. Their role should blend technical expertise with emotional intelligence and foresight.
Advisers’ key responsibilities should include:
- Fostering Transparent Communication: Where appropriate, clients should be encouraged to share their decisions with family members early, to reduce future misunderstandings.
- Designing Conflict Resilient Structures: Advisers should recommend clients to consider using trusts, life interests or staggered distributions to balance competing interests – especially in blended families.
- Planning for Care Costs: Advising clients to plan for care costs is essential, as these expenses can significantly reduce the value of an estate or create financial liabilities; formalising care arrangements can help prevent disputes, as demonstrated in Rogers v Wills, where informal caregiving led to a successful claim against the estate. Safeguarding Testamentary Capacity: When capacity is in doubt, advisers should ensure that they obtain medical assessments. With an ageing population and increasing reliance on carers, allegations of undue influence are becoming more frequent – and harder to disprove.
- Ensure Independent Decision-Making: It is important to meet clients alone when taking instructions to ensure their decisions are made independently and free from undue influence; beneficiaries should not be present during these meetings, even if they request to be. Maintaining Robust Documentation: Advisers should record decisions that are made and the reasons behind them. Notes should reflect the client’s understanding and intent, serving as vital evidence if challenged.
Reimagining Wills for an Ageing UK
In May 2025, the Law Commission released Modernising Wills Law, proposing the most significant reforms to testamentary legislation in England and Wales since 1837. As the UK’s population ages, these changes offer a forward-looking framework to protect autonomy, reduce disputes and embrace digital innovation. By 2075, they may form the foundation of a more resilient inheritance system.
1. Updating Capacity Standards
Replacing the Banks v Goodfellow test from 1870 with the Mental Capacity Act 2005 would modernise how testamentary capacity is assessed – vital as cognitive conditions like dementia rise. By 2075, video-recorded assessments may become standard, helping prevent retrospective challenges.
2. Tackling Undue Influence
The Report recommends allowing courts to infer undue influence from circumstantial evidence. This is especially relevant for elderly individuals who may be isolated or dependent. Future legislation may introduce presumptions of undue influence in high-risk scenarios, such as wills made in care homes or favouring recent acquaintances.
3. Protecting Against Predatory Marriage
Under current law, marriage revokes a will unless explicitly contemplated. This can unintentionally disinherit loved ones, particularly when older individuals remarry later in life. Removing automatic revocation would offer stronger protection against predatory marriage and help ensure that estates reflect the true intentions of the testator – especially as remarriage and cohabitation in later life become increasingly common.
4. Embracing Electronic Wills
Recognising digitally created and stored wills could transform access for those with mobility issues. By 2075, electronic wills and digital registries may be the norm, improving both accessibility and dispute resolution.
Planting the Future Today
Historically, the laws concerning wills and estates have often been slow to respond to social change. However, given the anticipated profound demographic transformation ahead, reforms must keep pace. The ageing British and global population will be a defining factor in shaping legal reform. How well the profession adapts will determine whether the ageing population is adequately protected or whether their vulnerability fuels a rise in
Naomi O’Higgins, Head of Trusts and Estates Disputes and Brendan Udokoro, Associate, at Howard Kennedy LLP
