London, England – Inheritance disputes are on the rise in England and Wales, with thousands of families getting entangled in legal battles over wills. Estimates from specialist solicitors suggest that as many as 10,000 people are disputing wills each year, a significant increase from previous years. The passing of the property-rich baby boomer generation, a rise in second marriages leading to disinherited stepchildren, and the prevalence of dementia influencing challenges to wills are cited as key factors driving the surge in disputes.
With 195 disputes going to court in 2021-22, up from 145 in 2017, experts believe this is just the tip of the iceberg, as most disputes are settled outside of court. The emotional toll and financial burden of these disputes are becoming increasingly challenging for families to navigate, with some cases lasting years and resulting in hefty legal costs.
The trend is also influenced by the ability to execute wills through video links during the Covid-19 pandemic, leading to potential complications and contested outcomes. The strain of the cost of living crisis has also been identified as a factor pushing individuals to contest wills for financial reasons.
Legal professionals are observing a significant uptick in their workload related to disputed wills, with some reporting a doubling in cases over the past few years. The increase in awareness around the right to challenge wills, driven in part by media coverage of high-profile cases and television programs, is cited as contributing to the rise in disputes.
Under the 1975 Inheritance Act, various categories of individuals, including current and former spouses, children, and long-term cohabitees, have the right to challenge a will if they feel they have not been adequately provided for. Factors such as financial resources, disabilities, and the conduct of the applicants play a role in determining the outcome of these disputes.
As families become more complex and relationships evolve, the likelihood of inheritance disputes grows. The emotional and financial toll on individuals involved in these disputes is significant, with many feeling a sense of relief only once a settlement is reached, allowing them to begin the process of grieving.
The increase in dementia cases has also led to challenges regarding the validity of wills, with family members citing cognitive decline in the willmaker as grounds for contesting the document. Capacity assessments during the drafting of wills could potentially prevent such disputes, but the use of low-cost will-writing services often overlooks this crucial step.