Rachel Waller, contentious wills, trusts, and estates partner at Excello Law, looks at the surge in inheritance disputes and offers advice on navigating and preventing them.
In the later part of 2024 I noticed a number of news articles detailing a “surge” in contentious probate disputes, with the Telegraph reporting in September that the number of relevant court orders issued that year, 559, was the highest in five years (Family inheritance feuds surge to five-year high). This is Money reported in August that “more than 10,000 applications to stop probate being granted” were made in 2023, “up 14 per cent on 2022 and 43 per cent higher than the year before the pandemic”, according to recent figures.
Over the last few years I have written about how my experience as a specialist contentious probate, trusts and estates solicitor reflects this trend. I see the increase in cases as a result of the changing nature of families, with children from multiple marriages and the marked increase in property values over the past 30 years. Sometimes concerns are raised about the validity or interpretation of a will, or how an executor is dealing with the estate or valuing assets. On the other hand, disputes can be about the actual provision that has been intentionally made by a testator, stemming from perceived unfairness and unequal distribution of that inheritance.
The latter issues can often be dealt with using the Inheritance (Provision for Family and Dependants) Act 1975). This legislation makes it possible for a limited group of people, including a spouse, children and cohabiting partners to bring a claim against an estate in certain circumstances. Spouses can claim if the will does not make reasonable financial provision for them, while other groups will, broadly speaking, need to be able to demonstrate they had been maintained by the deceased and have been left struggling. The grounds may be obvious for school-aged children, but adult children that continue to be supported by their parents may also have a valid claim against the estate.
Whatever is at their heart, inheritance disputes can be bitter, adding further distress to what is already a difficult time, and can drive families apart. To avoid potential disputes, I would recommend discussing and explaining your wishes with family members in the first instance and certainly before a Will is created. This should help identify any potential issues that may arise and how they might be addressed. A letter of wishes can then be included alongside a Will.
However, if you consider that you have not been reasonably provided for by a Will, you may have a valid claim under the Inheritance Act. Any claim needs to be issued within six months of the grant of probate, so it is important that you obtain qualified legal advice as soon as possible.
If you need help with these issues, or other contentious probate matters, feel free to contact me here.
