Here's why inheritance disputes are becoming more common and what to do if it occurs to you

Families are fighting over inheritances more and more as economic and age-related factors force a battle over a loved one's final will and testament

How would you respond if you were embroiled in a dispute over money?

Lawyers have warned that the changes in our lifestyles and places of residence have led to an increase in inheritance disputes within families in recent years. They assert that it is imperative that people take care of their affairs now to prevent a fight later.

Every year in England and Wales, about 10,000 people contest wills.

With new complexity surrounding inheritance tax regulations, which will include pensions in the estate for IHT purposes starting in 2027, this number could increase even more. The inheritance tax burden your loved ones must pay, however, can be lessened with a well-written will.

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Launch your trial Emma Bryson, a senior associate in the contested wills, trusts, and estates team at the law firm Michelmore's and a board director at the Association of Lifetime Lawyers, stated: "Modern families are changing quickly, but the legal documents that are supposed to protect them aren't always kept up to date.

"People frequently think that their loved ones will understand everything, but that is rarely the case. In actuality, confusion and uncertainty about someone's wishes can quickly escalate into painful inheritance disputes in the absence of a will or even in the case of an outdated will. The "

We examine the benefits of creating a will and the outcomes of inheritance disputes in advance of Free Wills Month in March.

Wills are contested for three main reasons.

Lawyers say there are three main reasons why estates and wills are being contested more frequently these days: an increase in cohabitation, older children still living at home with their parents, and an increase in age-related mental health issues like dementia.

One. increased living together.

More people are opting to live together instead of getting married, spending money on moving up the housing ladder instead of getting married. The issue is that you do not have a strong claim to a deceased loved one's estate if you share assets without being legally married.

"Whether right or wrong, the current law protects spouses of a deceased person's estate," Bryson stated. Unmarried couples do not have the same protections.

The number of cases where a partner passes away without a will and the surviving partner is not automatically entitled to their estate (which may include all or a portion of the property) has increased due to the rise in cohabiting couples.

As a result, the cohabitee may file a claim under the Inheritance (Provision for Family and Dependants) Act of 1975.

Two. There are more adult children residing at home.

With millions of adults still living at home with their parents, the current economic climate is another factor contributing to the rise in contested estates.

According to Bryson, "there is a rise in claims by adult children under the Inheritance (Provision for Family and Dependants) Act 1975 as a result of people becoming more and more dependent on their parents' estates for housing or financial support as the cost of living crisis continues to bite."

3. . age-related conditions.

An aging population with rising care needs is also contributing to an increase in will disputes, as the person who wrote the will may not have had the mental capacity to do so.

This is a growing issue; according to NHS England, there will be more than a million dementia sufferers in the UK by 2030.

"As people live longer, many will suffer from dementia and other conditions that impair their ability to make a will. Probate claims arise from people making wills late in life while ill or without expert help, according to Bryson.

Some advice on how to avoid having an estate contested.

Although creating a will is crucial, every situation is different, and there is no foolproof method that guarantees an estate won't be challenged.

"There are, however, a number of things which can strengthen a will and provide more protection in the event that someone wishes to challenge a will or bring a claim against an estate," Bryson explained.

1. No contest provisions.

A person may want to think about including a "no contest" clause in their will if they anticipate that certain provisions or omissions may be contentious.

"A no-contest clause, which states that any challenger forfeits their inheritance if they do so, is intended to discourage beneficiaries from contesting the validity of the will or filing a claim against the estate. It can serve as a financial deterrent to uphold the testator's intentions and avoid expensive litigation," Bryson said.

2. evaluations of capacity.

It is advisable to have a medical professional who can attest to a person's capacity to execute a will at the appropriate time witness their will if they have experienced mental illness or are elderly.

Bryson stated: "To ensure that the person making the will has the capacity to do so, a formal capacity assessment should also be performed on them. After the testator has passed away, this capacity evaluation can be used as proof if someone tries to challenge the will.

#3. Get a lawyer.

Although you can draft and prepare a will on your own, it may be prudent to seek professional advice to prevent mistakes and omissions.

"Not only does the will look more professional, but the lawyer who prepared it should also create and maintain a corresponding file that documents the deceased person's wishes, their decisions, and their motivations for creating a will through correspondence and attendance records," Bryson said.

She continued by saying, "If properly prepared, this evidence is a strong shield to someone who wishes to attack the validity of a will."

Tips for contesting an estate successfully.

The first step in contesting someone's estate after they have passed away is to get in touch with a specialized contentious probate solicitor.

They will be able to determine whether there are any unanswered questions or whether a challenge to a will or claim against estate would have a good chance of succeeding after they have gathered information from you.

The merits of the case, any evidence from the time the will was made, and the quality of the claim and preaction correspondence are what will determine whether a will challenge is successful, according to Bryson. The "

Numerous factors, including but not limited to the following, affect the outcome of a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

"It will also likely depend on how well the claim and pre action correspondence is prepared, which is why legal advice early on is crucial," Bryson stated, referring to the claimant's and beneficiaries' financial needs and resources, the size of the estate, and the deceased's obligations.

Last but not least, Bryson stated that formal mediation and other alternative dispute resolution procedures "are a useful tool" for formally resolving contested estates without the need for court action.