Conflict over the family's wealth is becoming more and more complicated due to later inheritances, health problems, and more complex family dynamics
What you should know is as follows.
As loved ones try to claim larger, more complicated estates, families are getting more and more involved in will disputes, according to recent statistics.
In five years, the number of attempts to have a will declared invalid has increased by 61% as families fight over inheritances.
According to Ministry of Justice data acquired by TWM Solicitors, the number of will challenges increased from 76 in 202021 to 122 in 2024 - 2025.
A growing number of disputes are being fueled by inheritance taxes, delayed inheritance, dementia, and complicated family structures. Relatives are more willing than ever to engage in expensive legal action to defend their rightful share of the family's wealth.
People are no longer as willing to accept receiving less than what they believe to be their fair share from a will as they once were, according to Stuart Downey, dispute resolution partner at TWM Solicitors. Families are more prepared to challenge the outcome now that there is more money at risk than ever before.
Even a relatively modest estate can have a value of over 500,000 to 1 million pounds just by virtue of the property involved. An inheritance is often factored into financial planning, so it can be very disappointing when the anticipated windfall doesn't happen.
In a different article, we examine the seven-year inheritance tax rule.
What defenses are offered against a will?
There are several ways to challenge a will. The most typical ones are as follows.
Because of pressure or influence, the person writing the will lacks mental capacity, for instance, because they have dementia or a serious illness. e. Someone coerced or coerced them into writing a will that favored one person over another; the will was not properly witnessed or signed; legal procedures were not followed; fraud or forgery took place; the document was falsified or altered; and more wills are being challenged for a variety of reasons, according to TWM Solicitors.
"As a result of people living longer, inheritances frequently come to beneficiaries well into middle age, giving them the financial means to pursue a lawsuit," Downey said.
"An additional motivator is the increasing complexity of families. Estates are frequently split among children from different relationships due to rising divorce and remarriage rates. Due to their weaker relationships, they may be more prone to sue one another.
Will disputes are also a result of the growing number of people in later life who have dementia and other capacity-related illnesses. Such circumstances may give rise to legal challenges since they raise doubts about their mental state at the time of writing or revising a will.
The solicitors stated that family members are growing more conscious of instances in which vulnerable people might have been subjected to undue influence. As a result, people who think a loved one was coerced into changing their wishes are increasingly bringing disputes.
According to Downey, "will disputes can be very expensive, stressful, and detrimental to family relationships." Careful estate planning, early professional advice, and making sure your wishes are well-documented and routinely reviewed are the best ways to prevent them.
How to dodge will challenges.
If you want to prevent will disputes, some advance planning can help. These are TWM Solicitors' best recommendations to make sure your desires are honored and that your loved ones don't disagree with you over them.
1. Make use of an experienced attorney.
The individual wishing to amend their will ought to work with a lawyer who specializes in will preparation. The designation TEP (Trust and Estate Practitioner) will be awarded to solicitors who have earned the Society for Trust and Estate Disputes (STEP) Diploma in Trusts and Estates in England and Wales, as well as firms accredited by the Law Society's Wills and Inheritance Quality Scheme.
2. . Inform the solicitor if you anticipate a challenge.
Despite the fact that it seems apparent, it warns them to adopt a belt and braces strategy. Ask for assistance directly and honestly regarding the anticipated challenge.
3. Move alone.
To counter claims of outside influence, see the lawyer independently and in person if at all possible. Make sure that you give the solicitor all instructions regarding your will directly, and that you receive all correspondence from the solicitor.
4. . Obtain a capacity report.
A capacity report is a great piece of extra proof that you were competent at the time, so if the solicitor recommends, get one. It's not offensive; it's just shrewd planning.
5. Give an explanation of your preferences.
Write a companion letter explaining why you have prepared your will the way you have, and specifically for anyone you believe may be disappointed by your actions. You are not required to, but if there are people who might be disappointed or contest your will, think about (with your lawyer) whether it would be wise to speak with them right away to settle any disagreements at this point.
6. Make use of an experienced executor.
The cost of hiring a professional executor is undoubtedly higher, but there are many situations in which this extra expense is more than justified and adds significant value.
How to proceed if a will that you stand to gain from is contested.
According to TWMs Downey, "there are various ways a will can be challenged and different steps you might take, for example if the allegation is a lack of mental capacity or undue influence."
1. . Be composed.
You cannot go back in time, but until you have guidance, you should still exercise extreme caution when interacting with the person or people contesting the will. Resolving the conflict rather than escalating it is the goal. After a loved one passes away, it's frequently a very emotional time when tempers can run high.
Even though accusations may seem personal, responding in a cool, collected, and kind manner is a great place to start.
2. . Get advice from a lawyer who specializes in this field.
Although there are many who dabble, members of the Association of Contentions Trust and Probate Specialists (ACTAPS) are the experts in this field and are exactly what they say they are. A member of the Contentious Trusts Association (ConTrA) or having the extra experience of being a Trust and Estate Practitioner (TEP) are also positive characteristics.
They will be able to offer you advice on what actions to take, what proof must be obtained and presented, and how likely it is that you will be successful in defending against any lawsuit.
3. Get ready for a costly battle.
Legal fees for these disputes can undoubtedly be extremely costly, but professional advice, particularly early on, can add significant value, frequently limit the total cost, and undoubtedly shorten the time it takes to resolve and ease the stress of the conflict.
Only a small percentage of cases proceed to trial, so it's not just about the law. The best attorneys adopt a comprehensive strategy and combine their legal knowledge and experience with the experience of assisting clients in highly emotional conflicts.
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