Family feuds over inheritance can last a lifetime, leaving behind a legacy of resentment and financial turmoil. As seen in the news lately, disputes over wills are becoming increasingly common in the UK, with families finding themselves divided over unequal inheritances and contested estates.
The Growing Issue of Inheritance Disputes
There has been a significant increase in inheritance disputes in recent years, with more cases making their way to court. According to the Ministry of Justice, there were 122 High Court disputes over probate (the legal process of dealing with an estate) in 2023, up from 68 in 2020. Additionally, a record 10,409 applications were made for a “caveat” to the probate process in 2023, delaying probate to allow conflicts to be resolved. Many more disputes are settled before reaching court, highlighting the emotional and financial toll such conflicts take on families.
The rise in inheritance disputes can be attributed to various factors, including the increasing complexity of modern families. With blended families becoming more common due to remarriages and cohabitation, questions of fairness and entitlement often arise when estates are distributed. Children from previous relationships may feel they have been unfairly treated, leading to tensions and legal battles.
The Consequences of Will Disputes
A will is meant to provide clarity and security for loved ones after someone passes away. However, when beneficiaries receive unequal or unexpected shares of an estate, disputes can arise, causing deep rifts between family members. Such conflicts not only strain relationships but can also result in costly and lengthy legal proceedings.
Failure to draft a clear and legally sound will can have unintended consequences, leading to financial insecurity for some family members while benefiting others disproportionately. Ensuring fairness and open communication before death is key to avoiding disputes and preventing resentment among heirs.
Understanding the “Rules” on Inheritance
Under English law, the principle of “testamentary freedom” allows individuals to leave their estate to whomever they choose. However, this does not mean a will cannot be challenged. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals, such as spouses, cohabitants, ex-spouses, and children, to make claims against an estate if they believe they have been unfairly left out or inadequately provided for.
Assessing whether a will is fair involves considering various factors, including the financial needs of the claimant and other beneficiaries, the deceased’s intentions, and the overall value of the estate. Even if someone is no longer financially dependent on the deceased, they may still be entitled to a share of the inheritance if it can be reasonably assumed that the deceased would have provided for them in life.
Protecting your Estate and Avoiding Disputes
The best way to prevent inheritance disputes is through careful estate planning and open discussions with family members. Having a professionally drafted will that clearly outlines your wishes and is updated regularly can help minimise the risk of legal challenges.
At GLP Solicitors, we have an expert team specialising in Wills Drafting, Inheritance Tax, and Estate Planning. We provide clear, legally sound guidance to ensure that your wishes are properly documented and protected. By taking proactive steps today, you can help your loved ones avoid unnecessary stress and legal battles in the future. If you need assistance with drafting or reviewing your will, contact GLP Solicitors at 0800 915 1818 or enquiries@glplaw.com. Our team is here to help you every step of the way.
