The number of disputes over wills and estate divisions in England and Wales is climbing, with over 10,000 cases reported annually.
A recent report from The Guardian noted a 5% rise in court claims related to contested wills between 2023 and 2024, a trend that shows no signs of slowing. Experts from B P Collins’ contested probate team have analyzed the factors driving this surge.
Types of Claims on the Rise
Disputes over estates primarily involve two types of claims:
- Will validity challenges: Contesting whether a will reflects the true intentions of the deceased.
- Claims for reasonable provision: Brought under the Inheritance (Provision for Family and Dependants) Act 1975.
Other claims, such as those based on proprietary estoppel or disputes against executors, also contribute to the increasing volume of estate-related litigation.
The Great Wealth Transfer
By 2050, an estimated £7 trillion will pass through inheritances in the UK, highlighting the scale of wealth transfer underway. With older generations controlling vast wealth compared to younger generations, disputes over estate divisions have become more contentious.
Research from Forbes in 2023 revealed that millennials in the U.S. held only 6.6% of national wealth, while Baby Boomers controlled over 50%. Similar disparities exist in the UK, making inheritance a critical financial lifeline for younger generations, who often face rising debt and housing costs.
Shifting Family Dynamics and Financial Pressures
Modern family structures, such as blended families and second marriages, contribute to disputes. Common scenarios include:
- Conflicts between step-siblings over inheritance.
- Second spouses or children from previous marriages disputing will provisions.
- Long-term cohabiting partners discovering they lack legal standing under current inheritance laws.
Simultaneously, younger generations increasingly depend on inheritances to achieve financial stability, such as paying off debts or entering the property market.
An Aging Population’s Impact
As life expectancy in the UK continues to rise—now averaging 78.6 years for men and 82.6 for women—the prevalence of conditions like dementia has increased. Mental capacity challenges are a key issue in will validity disputes. Cases involving undue influence, fraud, or coercion are also on the rise, particularly among vulnerable elderly individuals dependent on carers or family members.
Greater Awareness and Litigation
Public awareness of estate claims is growing, fueled by media coverage and the accessibility of legal information online. The visibility of high-profile cases has encouraged more people to pursue claims they might previously have overlooked.
Looking Ahead
The surge in will disputes is expected to continue, driven by financial pressures, demographic changes, and complex family structures. However, experts hope that greater awareness will encourage individuals to seek specialist advice on estate planning and regularly update their wills. Over time, these proactive measures may help mitigate the rise in contentious probate cases.
For now, the landscape of inheritance disputes underscores the importance of careful planning and transparent communication to prevent family conflicts over estates.
