Why are inheritance disputes on the rise?

Due to more dynamic family structures and individuals increasingly owning more assets than ever before, it may not come as a surprise that inheritance disputes have been on the rise in recent years. Between 2023 and 2024, there was a 5% rise in court claims related to contested Wills with over 10,000 cases now reported each year.

This blog looks at some common causes for inheritance disputes, what can be done to resolve them, and how to avoid them altogether.

Common causes for inheritance disputes

Being left out of a Will

Depending on their relation to the deceased and personal circumstances, certain individuals are entitled to apply to the Court to be included under the Inheritance Act 1975. Commonly, disputes under this cause tend to arise when adequate financial provisions have not been made for those who believe they should have inherited.

Suppose a deceased person’s Will doesn’t make reasonable financial provision for an individual who was financially dependent on them immediately before their death. In that case, they may be able to claim under the Inheritance Act 1975. Additionally, a child or someone who was treated as a child of the deceased, including adult children, may have reason to claim.

In 2021, it was reported that the family of the late Monty Python actor and comedian, Terry Jones, was involved in a Will dispute following his death. Under the act which allows family members to seek “reasonable provision”, Terry Jones’ children were suing their father’s second wife, Anna Söderström, who is thought to be the main beneficiary of the Will. Although details of Jones’ Will were not released, this is a good example of how a dispute may arise if family members believe they are not receiving what they are rightfully entitled to, even if a valid Will is in place.

Other celebrities, such as actor Daniel Craig and TV chef Gordon Ramsay, have also made public statements regarding their legacy, stating that they will not leave a substantial inheritance to their children when the time comes, which may cause reason to contest the Will when they pass away.

Dying intestate

When someone passes away without a Will, they are said to have died “intestate” and their estate must be distributed following the rules of intestacy. 2024 research from Canada Life revealed people’s reluctance to create a Will and their attitudes around not making one. The key findings include:

• 51% of UK adults do not have a Will
• 13% stated they had no intention to write a Will in the future
• 30% of people aged 55 or over do not have a Will, with 9% having no plans to create one.

The top reasons for not creating a Will included:

• Not having enough assets/wealth (26%)
• Having plenty of time to create a Will (23%)
• Not wanting to think or talk about death (15%)
• Not wanting to pay for a Will (14%)
• Not wanting to deal with Solicitors (8%)

Many people are not aware of the importance of creating a Will to ensure their estate does not fall to the intestacy rules, which may result in a distribution not following the Testator’s wishes. These estates may result in disputes between family members, as people often assume that their closest loved ones will inherit even when they die without a Will, but this is not always the case.

The order of priority in England and Wales starts with the spouse/civil partner, even if they are separated but not yet divorced. Then moves on to children, living parents, full-blood siblings, half-blood siblings, grandparents, aunts/uncles, and half-blood aunts/uncles. If a relative has passed away, their descendants inherit on their behalf. The flowchart below outlines the intestacy rules in England and Wales:

Blended families

Changes in family dynamics, including blended families and cohabiting couples, are a common cause of inheritance disputes. The order of priority under the rules of intestacy in England, Wales, and Scotland does not take into consideration stepchildren or cohabiting couples. Therefore, for an individual wanting their estate to be left to those loved ones, they will need to ensure a valid and up-to-date Will is in place.

In 2020, Tower Street Finance and OnePoll conducted in-depth research amongst 2,000 UK adults who were either expecting to be left an inheritance or to be named as a beneficiary in a Will. The research revealed people’s reluctance to discuss inheritance, combined with minimal understanding of the associated legal complexities. Some of the key findings were:

• 32% of stepparents had a Will that did not treat their children and stepchildren equally;
• 17% of stepparents planned to exclude their stepchildren from an inheritance;
• 43% wanted to leave a legacy to their partner, although, few understood that without a Will those unmarried or not in a civil partnership would not be automatically entitled.

Unfortunately, many people are unaware of the legal distinction between biological children and stepchildren, and those stepparents who wish to leave their wealth to their stepchildren in addition to their biological children will need to clearly specify this in their Will to ensure they are included.

Homemade Wills

Homemade Wills may appear to be an attractive approach for someone to get their affairs in order due to the reasonable costs and ease of building. However, this approach has given rise to various problems for the families of a Testator when the time arrives, which may result in disputes over complications such as Will validity. One of the biggest areas of dispute over homemade Wills is that it has not been correctly signed and witnessed, making it invalid.

The Covid-19 pandemic led to an increase in the uptake of writing a Will, including an increase in the DIY approach. According to law firm Richard Nelson, in the week leading up to the second national lockdown in 2020, Google searches for ‘DIY Will’ went up by 1,500%, and ‘make a free will online’ went up by over 600%. These figures sparked concern from legal professionals, as the websites providing these services are often based on standard templates, which should not be considered as a ‘one-size-fits-all’ for everyone. We are still some time away from seeing the full-blown effect this may have on future inheritance disputes.

It’s important to carefully consider how you make Will to ensure its validity by including sufficient information for your loved ones.

How can inheritance disputes be resolved?

Mediation is a method that allows parties to have their voices heard to help resolve matters in a calm environment. It involves both parties coming together with a qualified, experienced mediator whose duty is to promote a resolution by actively suggesting ways in which the matter could be settled. This route can help save costly court battles, as well as irreversible damage to the family unit, however, patience is key as depending on the complexity of the situation, mediation could take several sessions before the matter is resolved.

If mediation does not help reach an agreement, the dispute may need to be settled in court. Upon hearing the sides of all parties, the judge will ultimately decide on the case. The losing party typically pays the successful party’s legal costs; therefore, it can be an expensive route. If seeking expert legal advice regarding contentious probate cases, it is best to do this as early as possible due to the complexities involved and likely delay in the estate administration process.

How to avoid inheritance disputes?

For many, discussions about death are difficult conversations to have, and for those who do manage to have the conversation, it can be an uncomfortable subject to talk about. Whilst there are no legal obligations to discuss your Will and its contents in advance, by doing so, it can help eliminate the element of surprise with loved ones and allows you to justify your decisions with them personally.

Generally, a Will should be updated every five years to ensure your affairs are up to date in the event of your death. However, there are various life events that should trigger a reminder to update a Will, including marriage/civil partnership, new additions to the family, and buying a property. Although previous Wills will be revoked by the up-to-date version, old Wills should be destroyed to avoid any uncertainty or confusion.

A critical component of preparing or updating a Will is ensuring that there is no undue influence by anyone else. For example, Wills witnessed via video can make it difficult to see who is truly present and if there is any intimidating behaviour towards the Testator. This uncertainty may give rise to a claim that undue influence took place and that the Will is invalid. Although this option was sometimes used during the COVID-19 panic, it should be considered as a last resort if witnesses cannot be physically present.

Kings Court Trust is an award-winning probate and estate administration provider that can take care of the practicalities after someone passes away. Inheritance disputes often cause complications and delays to the estate administration process, which is why it is important to ensure you take these steps outlined. In the event that you are presented with a contentious estate, we have the experience and partnerships in place to help resolve inheritance disputes and once resolved, can administer the estate quickly and efficiently.