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 since 2015. Last year the Financial Times reported that contested Wills in the High Court had reached an all-time high in 2019, with an increase of 47 per cent on 2018. This blog looks at some common causes for inheritance disputes, what can be done to resolve them, and how to avoid them altogether.

The Argentine football icon, Diego Maradona, passed away in November after suffering a heart attack at the age of 60. Maradona’s passing has caused speculation about his wealth and complicated financial legacy, as it’s been suspected that he passed away without a Will.

Recent research highlights the increasing likelihood of disputes over inheritance. According to Direct Line Life Insurance, 12.6 million British adults would be prepared to dispute a Will and go to court if they disagreed with the division of their relative’s estate. On average, 22% of UK residents would contest a loved one’s Will, 13% would be willing to contest their parent’s Will, and 11% would contest their partner’s Will*.

The number of inheritance disputes reaching the England and Wales High Court has dramatically increased over the last 15 years. In 2005, there were just 15 cases brought to the High Court under the Inheritance (Provisions for Family and Dependants) Act 1975, compared to 158 cases in 2016. These statistics only cover a small proportion of the overall number of inheritance disputes as many arguments will be settled before reaching the High Court.