The Rise of Inheritance Disputes in the UK: Why More Wills Are Being Contested Than Ever
Inheritance disputes are becoming an increasingly prominent feature of the legal landscape in the UK, reflecting not only the growing value of inherited wealth but also the complex emotional and familial dynamics that often accompany death and succession.
According to the most recent figures from the Ministry of Justice, 122 contested probate claims were handled by the Chancery Division of the High Court in 2023, up from 116 the year before. While the number may seem modest, these are only the most serious cases that escalated to court. Around 10,000 people in the UK seek to contest a will each year, though the vast majority of disputes are resolved—or quietly abandoned—before formal litigation begins.
This surge in inheritance disputes shows no sign of slowing down. As property prices, pension pots, and investment portfolios continue to rise, so too do the stakes—and the temptations—for family members who feel wronged or excluded. But while the emotional drivers are complex, the legal grounds for challenging a will are surprisingly narrow.
Why Are More People Contesting Wills?
There are several common reasons why wills are challenged, though most revolve around either capacity, coercion, or fairness.
1. Lack of Testamentary Capacity
The most frequent ground for dispute is a claim that the testator—the person making the will—did not have the mental capacity to understand what they were doing at the time of execution. This could be due to cognitive decline, dementia, illness, or medication.
To make a valid will, the testator must understand the extent of their estate, the people who may have a claim on it, and the consequences of the will they are creating. Proving a lack of capacity after someone has died is not easy, but medical records, contemporaneous notes, and solicitor statements all come into play.
2. Undue Influence
Another common allegation is that the testator was coerced or manipulated into changing their will. This form of undue influence is typically exerted in private and without witnesses, making it difficult to prove. However, courts may infer influence if circumstances raise red flags—such as a sudden change in favour of a caregiver or a new romantic partner.
3. Failure to Make Reasonable Financial Provision
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can make a claim if a will fails to provide them with a fair financial share. Eligible claimants include:
- A spouse or civil partner
- A former spouse (who has not remarried)
- A child (biological or someone treated as such)
- Anyone financially maintained by the deceased
Unlike other will challenges, these claims do have a strict time limit: six months from the grant of probate, though courts can grant extensions in certain cases.
Mismatched Expectations and Emotional Fallout
Not all disputes are about legal wrongdoing. Sometimes, tension arises simply because expectations are not met. It’s not uncommon for testators to give mixed signals before death—telling one beneficiary they’ll inherit the family home, while assuring another they’ll receive the bulk of the estate. When the will finally emerges, some family members feel betrayed or blindsided, sparking resentment that can escalate quickly into litigation.
In some cases, people contesting wills are driven by the belief that the estate represents “family money,” and that diverting it—say, to a cleaner, friend, or charitable cause—is an affront to familial rights. For others, the dispute becomes a proxy for long-standing family grievances, played out in the courtroom rather than the therapist’s office.
The Role of Executors and the Importance of Neutrality
In all disputes, executors must remain neutral. They have a legal duty to administer the estate fairly and in accordance with the law—not to defend the will or act in favour of certain beneficiaries.
Typically, the final will’s beneficiaries are pitted against those who were better off under a previous version (or under intestacy rules, if the latest will is invalidated). In these situations, the courts become arbiters not only of legal validity, but of emotional equity.
The Legal Grounds for Contesting a Will
There are only a few legally recognized reasons for invalidating a will. These include:
- Lack of testamentary capacity
- Lack of knowledge and approval (i.e., the testator didn’t understand or agree to the contents)
- Undue influence
- Fraud or forgery
- Failure to comply with formalities (e.g., improper witnessing)
Most successful claims rely on one or more of these grounds. Challenges based purely on fairness, family politics, or moral entitlement are unlikely to succeed without a firm legal basis.
Timing and Strategy Matter
While there’s no fixed statutory time limit for challenging the validity of a will, acting quickly is critical. Evidence may fade, memories become unreliable, and assets can be distributed if challenges are delayed.
Where claims under the Inheritance Act are being considered, the six-month deadline from the grant of probate is a hard stop for most claimants. Advisers should move swiftly to assess the strength of any case and initiate discussions with the executor or opposing parties.
The Push for Early Settlements
Fortunately, many disputes are resolved before reaching trial. Early settlement negotiations can save all parties time, money, and emotional distress. This is especially true when family members are involved. Reaching an agreement outside court provides the best chance of preserving relationships and avoiding permanent damage.
Where a settlement isn’t possible, the matter proceeds to litigation, often in the Chancery Division of the High Court. These proceedings can be costly and protracted, and outcomes are difficult to predict due to the highly fact-specific nature of most cases.
Practical Tips for Reducing the Risk of Disputes
Given the rising number of will challenges, both individuals and professionals should take steps to minimize the risk of future disputes.
For individuals:
- Update your will regularly, especially after major life events (e.g. marriage, divorce, birth of children).
- Be transparent with potential beneficiaries to manage expectations.
- Use a qualified solicitor to draft your will and retain detailed records of instructions and discussions.
- Consider writing a letter of wishes to explain decisions that might appear controversial or unexpected.
For professionals:
- Maintain detailed client notes and capacity assessments, especially when dealing with elderly clients or unusual instructions.
- Encourage clients to document gift-giving intentions and financial support to dependants.
- Assess the likelihood of future challenges based on family dynamics and flag potential red flags early.
The Outlook: A Dispute-Prone Inheritance Landscape
As the UK’s population ages and the transfer of wealth between generations accelerates, inheritance disputes will only become more common. Social changes—blended families, estranged children, longer life expectancy, and rising asset values—all contribute to a more complex and emotionally charged succession landscape.
Legal advisers must walk a fine line between respecting testamentary freedom and identifying situations where a will may not reflect genuine intent or fair provision. While litigation is sometimes necessary, early intervention, sound documentation, and proactive communication are still the best tools we have to protect legacies—and relationships.
Call Parachute Law today on 0207 183 4547
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