Most individuals make a Will to make sure that, when they die, their loved ones receive the benefit of their assets in the way they intend. However, increasingly families are finding themselves embroiled in disputes over Wills, with reports from the Ministry of Justice and industry experts confirming that the number of inheritance disputes continues to increase year on year.
These disputes can be emotionally and financially draining, often leading to fractured family relationships and costly legal battles. In this article, we consider the reasons for the recent increase in probate disputes and provide suggestions on how to approach them.
The growing prevalence of Will disputes
Several factors have contributed to the increase in inheritance disputes across the UK. Societal shifts, changing family structures, and financial pressures all contribute to heightened tensions over estates.
One of the driving forces behind the rise in disputes is the so-called “Great Wealth Transfer.” By 2050, it is estimated that around £7 trillion will pass through inheritance in the UK. While an older generation benefitted from state-funded higher education and relatively modest property prices, the present generation of people in their twenties and thirties (sometimes older) has accrued more debt early in life, and faces stiffer challenges in taking their first step onto the property ladder. Add increasing rental prices and the UK’s “cost of living crisis” into the mix, and it is not surprising to find that people have far greater need for the wealth of the previous generation than their parents ever did.
In addition, the model of the traditional family has been completely overhauled in the modern UK. More complex family structures can lead to a need for sophisticated testamentary arrangements, which are therefore more liable to challenge. If not properly considered and prepared, wills in these circumstances can become the subject of bitter disputes between multiple claimants on an estate. And, at the same time as family structures are becoming more intricate, people are living longer. With an increase in the UK’s elderly population has come an increase in the number of people suffering from age-related cognitive disorders like dementia. This being so, the number of people whose will may be thought open to challenge on the basis that they lacked testamentary capacity or were subject to undue influence is also growing.
Understanding the inheritance disputes
Inheritance disputes are often deeply personal. They can arise from perceived injustices, unmet expectations, or grievances that have festered for years. It is essential to recognise that these disputes are rarely just about money. They are about relationships, family dynamics, and the bundling together of grief and bereavement with the sense of fairness or betrayal that can be wound up in a loved one’s testamentary arrangements.
Becoming involved in an inheritance dispute can be daunting. The process leaves the parties having to deal with legal arguments and evidence at the same time as handling emotional tensions and maintaining family relationships at what is inevitably a time of great strain.
Before taking action, you need to understand your position and what it is you are hoping to achieve. Whether you are challenging a Will, defending a claim against an estate, or seeking provision from an estate, clarifying your role and rights is the first step towards making informed decisions.
Exploring grounds for disputing a Will
Challenging a Will is not a step to be taken lightly. The process can be legally complex and emotionally charged, often involving deeply personal grievances that may have simmered for years. When a conflict cannot be avoided, however, it is crucial to base your claim in sound law and evidence.
The first step is to understand the potential grounds for disputing a Will. Lack of testamentary capacity is a common ground. This arises where it is alleged that the individual who made the Will (the testator) did not have the mental capacity to do so. Establishing a lack of capacity requires detailed medical evidence alongside witness evidence, to show that the testator did not understand either what the nature of making a will and its effects, the property they were disposing of, had not properly considered potential claims upon their estate, or was otherwise suffering from a disorder or mind that prevented the exercise of their natural faculties in making the will.
Another frequent ground for dispute is undue influence, where one party is alleged to have coerced or manipulated the testator into making decisions against their true wishes. Because it often occurs behind closed doors, leaving very little physical evidence, proving undue influence can be extremely challenging. However, a pattern of behaviour, control, or isolation of the testator by the person exerting the undue influence, along with evidence of the testator’s vulnerability can help to build a case.
A Will can also be challenged on the basis of improper execution, meaning that it does not comply with the formal legal requirements for a valid Will, as set out in s.9 Wills Act 1837, which provides that a will must be in writing, and signed by the testator in the presence of two witnesses, present at the same time, who attest and sign the will or acknowledge the testator’s signature.
In some cases, a claim may be made on the grounds of fraud, where it is alleged that the Will was forged or that the testator was misled about the document they were signing. Such cases are rare but can be highly contentious, often requiring forensic analysis and expert evidence often as to handwriting or similar issues.
Finally, individuals who were financially dependent on the deceased may have grounds to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This allows certain family members and dependants of a testator to apply for reasonable financial provision from the estate where the will has failed to make that provision.
When considering whether to challenge a Will, it is important to consider your position calmly and carefully. Take time to document your concerns clearly, retain any written communications or evidence, and avoid making accusations without a solid basis.
If you are an executor of a will which is subject to challenge, you also have a duty to protect the estate’s assets, which may include freezing accounts, securing property, and maintaining accurate records. Effective management can prevent a dispute from spiralling out of control.
Exploring mediation and alternative dispute resolution
Court proceedings are not the only option for settling probate disputes. Mediation provides a structured, confidential environment in which all parties can explore settlement options with the guidance of a trained, independent mediator. The goal is not to declare a winner or loser but to seek a resolution that all parties can accept.
In inheritance disputes, where family relationships are at stake and emotions are frequently running high, mediation can be particularly helpful. It allows parties to work towards a practical solution free from the pressures of a courtroom. Importantly, mediation can be quicker and less costly than litigation, which is often drawn-out and expensive.
The mediation process begins with the parties agreeing the appointment of a qualified mediator who will help them to outline their positions and explore possible solutions. Mediation proceedings are confidential, meaning that anything proposed in mediation cannot later be raised in court later. This allows parties to speak freely and explore creative solutions that it may not be open to the court to grant.
However, successful mediation requires a willingness to compromise. Each party must come to the table prepared to listen, to acknowledge the perspectives of others, and to seek a balanced resolution. It is a process that prioritises understanding and collaboration above conflict.
Ultimately, while disputes over Wills can be deeply distressing, approaching them with a clear understanding of the strengths and weaknesses of your position and a willingness to explore alternative solutions can significantly increase your chances of a reasonable and amicable outcome.
How to make a claim
If you believe you have grounds for disputing a Will, it is important to take a measured approach to seeking a resolution. The following steps can guide you:
- Seek legal advice: Obtain early legal advice from a specialist in contentious probate.
- Understand your legal standing: Clarify whether you are an eligible claimant, such as a beneficiary, dependant, or other interested party.
- Gather evidence: Collect any relevant documents, including the Will, medical records, communications, and other supporting information.
- Attempt pre-action resolution: Consider mediation or negotiation to resolve the dispute without resorting to litigation.
- Issue a formal claim: If resolution is not possible, initiate court proceedings, bearing in mind any time limits.
Maintaining a clear perspective
Inheritance disputes can be emotionally charged, but it is vital to stay focused on the facts. Although it is difficult, it is important that you try to avoid letting personal grievances dominate your approach. Recognise that, at its core, an inheritance dispute is a legal matter, and resolving it requires a practical, balanced perspective.
For those involved, disputes can be highly stressful, but they are not insurmountable. Obtaining specialist legal advice early, exploring alternative dispute resolution methods, and maintaining a pragmatic approach, should help you to navigate the complexities of contentious probate with greater confidence.
At Buckles, our team of contentious probate experts is here to help. Whether you are defending a Will, challenging its validity, or seeking a fair share of an estate, we offer clear, practical guidance tailored to your circumstances. Contact us today for a confidential discussion about your case.
