The rise of will disputes: five reasons behind the upward trend

Will disputes, once a rarity, are becoming increasingly common. This trend is evident in the surge of probate disputes brought before the High Court. In the first nine months of 2023 alone, nearly 390 cases were filed – more than double the number seen during the same period in 2016.

Understanding the reasons behind the rise of will disputes can empower individuals to protect their estates and minimise the risk of conflict within their families.

1. Ambiguous will language

Poorly drafted wills are a leading culprit in will disputes. Unclear or ambiguous wording can lead to misinterpretations by beneficiaries, particularly regarding specific bequests or the overall division of the estate. This lack of clarity can open the door to challenges and arguments, especially during difficult times.

2. Improper will execution

For a will to be valid, it must adhere to specific legal requirements regarding its creation and signing. These technicalities, such as the need for a certain number of witnesses present during signing, can be easily overlooked by those unfamiliar with estate planning formalities. An improperly executed will can be deemed invalid, leaving the distribution of assets to intestacy laws, which may not reflect the deceased's true wishes.

3. Changing family dynamics

Modern families are becoming increasingly complex. Blended families, second marriages, and strained relationships can create situations where traditional inheritance plans no longer align with current family dynamics. A will that fails to address these complexities can lead to resentment and disputes among beneficiaries who feel they have been unfairly excluded.

For example, consider a couple in a second marriage, each with children from their first marriage. The first spouse to die may leave their entire estate to the surviving spouse, intending for it to be ultimately distributed amongst both sets of children.

However, if the surviving spouse changes their will (assuming they didn't have a mutual will), they could disinherit the deceased spouse's children entirely. This scenario can cause significant problems for children who rely on an inheritance for their future.

4. Increasing value of assets

The value of estates is steadily rising. The number of inherited estates exceeding £1 million has more than tripled in five years (by 2022). This growth, coupled with a 6% increase in inheritance tax receipts in 2023/24, creates a larger pot of money for families to dispute potentially.

This financial incentive can lead more beneficiaries to challenge wills, as evidenced by the rise in contested probate cases (122 in 2023) and the estimated 10,000 annual will disputes in England and Wales.

5. Ageing population

The population in England and Wales is ageing, with people living longer due to advances in healthcare, improved living standards, and better access to medical services. This trend is reflected in increasing life expectancy and a growing proportion of older individuals.

The ageing population raises concerns about a person's mental capacity to make a will, particularly for elderly individuals vulnerable to undue influence from carers or others they rely on.

Taking steps to minimise disputes

Individuals should ensure their wills are clear, properly executed, and reflect their current family situation to minimise the risk of conflict.

Consulting with an estate planning solicitor is crucial. In some cases, a letter of wishes can be helpful in explaining the reasoning behind excluding certain individuals from the will or providing a rationale for unequal distributions among beneficiaries.

By understanding these factors and taking proactive steps, individuals can help ensure their wishes are fulfilled after they are gone and minimise the potential for conflict within their families.

Contact our estate planning solicitors

Our expert estate planning solicitors are here to answer all your questions and address any concerns. Whether you are drafting a will for the first time or updating an existing one, our dedicated team ensures that your wishes are clearly articulated and legally enforceable.

We have solicitors in Brighton, Eastbourne, Hastings, London, Uckfield, and Ulverston, and we assist clients nationwide.