Family disputes over wills are on the rise as the stakes are greater given higher value estates.
In a system where there are no set rules, by law, to regulate who can inherit an estate, “testamentary freedom” reigns meaning that fights over estate in the Courts in England and Wales are becoming increasingly more common. Almost 390 probate disputes made their way to the High Court within the first nine months of 2023, which was more than double for the same period in 2016.
The Law Commission has noted increasing concern about predatory marriages, where someone marries to take control and seize assets of their new spouse. The Commission has recently sought views about the rule that an existing will is invalidated by marriage or civil partnership and is considering responses to that consultation which closed last month.
Why are we seeing such a rise in inheritance disputes?
In part, it may be because people are living longer with conditions that make it harder to think clearly or make decisions, such as dementia. Around one in 11 people over the age of 65 have the condition, according to NHS data. It is important to understand the level of capacity needed to make an important document like a will, so that it is less likely to be subject to a later challenge.
Financial stakes
There is simply more to argue over. There has been an increase by 20% in the average net assets of the British Household from 12 years earlier. In the richest 1% of British households, average wealth is £3.6 million. Humans can be inherently greedy, and where there is more to argue over, they are more willing to argue in the hope that they will receive something.
Generational wealth
The division is uneven between generations; younger people typically have fewer assets than their parents did at the same age, but intergenerational asset transfer is that may not be perceived as fair is increasing the scope for disputes between those younger generations.
Cost of living
More families are feeling the pinch of the economy. Rows over inheritance are scarcely limited to rational arguments about finances however, particularly in larger estates. The argument seems to be that everyone could do with a little more help to make the cost of living easier.
Blended Families
One of the aspects that the FT has not drawn on is the role of “blended families”. We’re at a point now where those passing away have often been through divorce and remarried (even multiple times), creating a merger of families. Sometimes these testators haven’t fully considered the impacts of leaving their estate to those who wouldn’t naturally inherit from them, or the impacts of not making a will at all. This often creates the perception of inequality in blended families and opens a whole new lane of potential litigants to bring probate claims.
Greater Awareness of Inheritance Disputes
The ability to bring these disputes has become more commonly known. Documentaries which are broadcast on mainstream TV have heightened the awareness of the general public of the options which are available to them, giving many individuals the idea to embark on the route of litigation.
Persuading the courts though, is no easy feat. This is why it is vital that those contemplating a claim should take the advice of a specialist solicitor who deals with these claims at an early stage. For help and advice contact one of our Contentious Probate team, who’ll be happy to advise.
Simply, the need to take professional advice on making a will remains misunderstood and underrated. The benefits that proper advice offers will greatly reduce the likelihood of an inheritance dispute arising, particularly where that advisor is able to consider the greater net cast by blended families and the like. By having full and frank conversations about these matters ahead of time, you’re limiting the possibilities of a dispute over your assets after you have passed.
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
