Inheritance disputes have been increasing due to more dynamic family structures and individuals owning more assets. Between 2023 and 2024, court claims related to contested Wills rose by 5%, with over 10,000 cases reported annually. Common causes include individuals being left out of a Will, dying intestate, complications arising from blended families, and issues with homemade Wills. The Inheritance Act 1975 allows certain individuals to contest a Will if they have not received reasonable financial provision. Intestacy laws can also lead to disputes, as many assume their closest loved ones will automatically inherit, which is not always the case. Blended families and cohabiting couples face challenges, as intestacy laws do not recognise stepchildren or unmarried partners, requiring a clear, updated Will to avoid disputes. Additionally, homemade Wills often lack legal validity due to improper signing or witnessing, increasing the likelihood of legal challenges.
To resolve inheritance disputes, mediation is a preferred method, allowing parties to negotiate in a structured environment with a neutral mediator. This approach can prevent costly court proceedings and maintain family relationships. However, if mediation fails, legal action may be necessary, where a judge ultimately decides on the case. Court battles can be expensive and time-consuming, with the losing party often required to cover legal costs. Seeking expert legal advice early is crucial for navigating contentious probate cases and ensuring a fair resolution.
Avoiding inheritance disputes starts with open discussions about a Will’s contents before death to prevent surprises and misunderstandings. Keeping a Will updated every five years or after major life changes—such as marriage, childbirth, or property acquisition—ensures it reflects current wishes. Destroying old versions helps prevent confusion and legal conflicts. A Will should also be carefully drafted to avoid any suggestion of undue influence, as external pressure or coercion could lead to it being contested. Witnessing procedures should be transparent, with in-person signing preferred to minimise disputes.
Ultimately, proper estate planning and clear communication can prevent inheritance conflicts. Consulting legal professionals when drafting or updating a Will ensures compliance with legal standards and protects against future disputes. By taking proactive steps, individuals can help secure their legacy and provide clarity for their loved ones, reducing the risk of contentious legal battles after their passing.
