Estates without a will hit five-year high – as two in five Brits prepared to go to court over inheritance

Estates where assets have been left behind without a will have risen by more than 50,000 in the last year. It comes as increasing numbers of families say they are poised for potential feuds over inheritances.

The number of what are known as intestate estates rose 17% to 51,140 in the last year, according to Ministry of Justice data, up from 43,600 the previous year – reaching a five-year high.

If someone dies without a will and they owned valuable assets – such as property, shares, or bank accounts – often the court must issue a ‘grant of letters of administration’ to appoint someone to manage the estate.

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In such cases, assets are distributed according to strict intestacy rules, which may lead to outcomes the deceased never intended for their legacy.

This can include assets passing to estranged spouses, distant relatives the deceased may never have known, or even passing the money to the Crown if no surviving relatives can be traced.

David Lunn, managing associate in the private client team at TWM Solicitors, which carried out the research, said: “Dying without a valid will can cause enormous distress and confusion for loved ones and often leads to outcomes that are completely at odds with the deceased’s wishes.”

He added: “Intestacy rules prioritise blood relatives and make little-to-no provision for unmarried or unregistered partners, who might miss out on inheriting property and possessions.

“So, if you are in a serious, long-term relationship, outside of marriage, then you really do need to consider writing a will.”

Legal battles over inheritance on the rise

With a rising number of estates passing without a will, the number of family feuds over inheritances is expected to rise.

Almost two in five people (38%) in the UK said they are prepared to go to court if they thought the inheritance they’d received was unfair or not what they’d expected, according to a separate report by probate lending firm Level Group.

Some (8%) said they would still dispute it even if they thought they might not win.

Those aged 25 to 34 were the most likely generation to dispute a will (60%) and men were more likely to say they’d do this than women (44% versus 34%).

Of all those who said they dispute an inheritance, 7% have already gone to court over it. A further 22% said they ‘might’ do this, but it would depend on the circumstances.

Figures from the Ministry of Justice (MoJ) show the number of probate disputes is rising steadily. Overall, probate disputes that end up in court have increased by 37% in the last decade (2023 versus 2014 data).

In 2023, there were an average of 867 probate disputes a month. The most recent data show an upward trend – from January to September 2024 there were 992 disputes per month on average.

Further stats obtained from the MoJ indicate that in addition to the rising numbers of probates that are getting disputed, probate cases in general are taking longer to settle.

The number of probate cases taking longer than one year has been steadily increasing over the past five years – a 518% increase from 2019 to 2024.

George Williamson, founder and CEO of probate lending firm Level Group, which obtained the data, said: “The new government figures highlight a concerning rise in probate disputes, which makes it more important than ever to engage in proactive and thorough estate planning.

“Failure to do so can not only result in future disputes but may also lead to delays in probate proceedings, leaving families in financial uncertainty.”

What are intestacy rules?

Intestacy rules are what legally has to happen to an estate if no will was left to determine a person’s wishes.

Under intestacy rules:

• If the deceased was married or in a civil partnership, their spouse or civil partner would inherit the first £322,000
• The remainder is divided equally between the spouse and any children
• If there is no surviving spouse or children, a strict hierarchy of relatives is followed – which may bear little to no resemblance to the deceased’s personal wishes.

The order of inheritance is based on family relationships, with priority given to the surviving spouse or civil partner, children, and then to other relatives.

The order of priority is:

1. Surviving spouse/civil partner
2. Children (including legally adopted children – stepchildren are not automatically entitled to inherit under intestacy unless they have been legally adopted).
3. Parents
4. Siblings (full and half-siblings)
5. Grandparents
6. Aunts and uncles (whole and half-blood)
7. The Crown, Duchy of Lancaster, or Duke of Cornwall

For example, in the case of a childless, married couple who have no parents, each one with a sibling, if they both die without wills, who dies first determines which sibling inherits everything on the second death.

Take a husband and wife who don't have wills, for example. If the husband dies first, the wife inherits the estate – and upon her death, her brother or sister receives everything. If she dies first, the husband’s brother or sister inherits instead.

“A well-drafted will could have ensured both brothers or sisters were remembered, not just the ‘lucky’ one,” said David Lunn from TWM Solicitors.

Lunn added: “A carefully drafted will ensures that your estate is distributed according to your wishes, where any potential points of conflict or confusion have been thought through and dealt with in advance.

“It can also help avoid the need for court intervention and minimise the risk of future disputes.”