Families are increasingly becoming embroiled in disputes over wills as loved ones seek to stake their claim on bigger, more complex estates, according to new figures.
Attempts to have a will ruled invalid have surged 61% in five years, as families go to war over inheritances.
There were 122 challenges to wills in 2024/25, up from 76 cases in 2020/21, Ministry of Justice data, obtained by TWM Solicitors, showed.
Start your trial of MoneyWeek today
Get unparalleled financial insight, analysis and expert opinion you can profit from.
Start your trial
Sign up for MoneyWeek’s free twice-daily newsletter.
Join more than 165,000 subscribers and keep yourself informed with latest financial news, insights and expert analysis to help you understand what really matters when it comes to your finances.
Join more than 165,000 subscribers and keep yourself informed with latest financial news, insights and expert analysis to help you understand what really matters when it comes to your finances.
Inheritance tax eating into assets, money being passed on later, dementia and complex family structures are fuelling the rise in disputes, with relatives more prepared than ever to take costly legal action to fight for what they feel is their due slice of family wealth.
Latest Videos FromMoneyWeek
Stuart Downey, dispute resolution partner at TWM Solicitors, said: “People are not as willing to accept getting less than what they see as their fair share from a will than they used to be. With more wealth at stake than ever before, families are increasingly ready to contest the outcome.”
“Just with a property involved, even a fairly modest estate can be worth over £500,000 to £1 million pounds. Many people factor an inheritance into their financial planning, so when that expected windfall doesn’t materialise, it can come as a major disappointment.”
Heard of the seven year inheritance tax rule? We look at it in a separate article.
What arguments are used to contest a will?
A number of arguments can be used to contest a will. The most common include:
- The person writing the will lacks mental capacity – for example, due to dementia or serious illness
- They were pressured or influenced – i.e. someone forced or manipulated them to write a will that benefits an individual at the expense of others
- The will was not signed or witnessed correctly – legal formalities weren’t followed
- Fraud or forgery occurred – the document was faked or tampered with
More wills are being contested because of a range of factors, according to TWM Solicitors.
“With people living longer, inheritances often arrive when beneficiaries are already well into middle age and therefore have the resources to fund a legal claim,” said Downey.
“Growing family complexity is also a driver. Rising divorce and remarriage rates mean that estates are often divided between children from different relationships. Those looser ties mean they might be more likely to litigate against each other.”
Rising numbers of people living with dementia and other capacity-related conditions in later life is also a cause of will disputes. Such conditions can lead to questions about how sound of mind they were when writing or rewriting a will, which can open the door for legal challenges.
Relatives are becoming more aware of cases where vulnerable individuals may have been subject to undue influence, the solicitors said. Consequently, disputes are increasingly being brought by those who believe a loved one was pressured into altering their wishes.
Downey added: “Disputes over wills can be extremely costly, stressful and damaging to family relationships. The best way to avoid them is through careful estate planning, taking professional advice early, and ensuring your wishes are clearly documented and regularly reviewed.”
How to avoid challenges to a will
Some pre-planning can go a long way when it comes to avoiding will disputes. Here are TWM Solicitors’ top tips to ensure your wishes are respected – and your loved ones don’t fall out over them.
1. Use a specialist solicitor
The person wanting to change their will should use a solicitor specialising in will preparation. In particular firms with the Law Society’s Wills and Inheritance Quality Scheme accreditation and solicitors who have completed the Society For Trust and Estate Disputes (STEP) Diploma in Trusts and Estates in England and Wales and who will have the designation TEP (Trust and Estate Practitioner).
2. If you are expecting a challenge – tell the solicitor
It sounds obvious but it alerts them to help take a belt and braces approach. Be open and honest and ask directly for help about the expected challenge.
3. Go solo
See the solicitor on your own and in person if at all possible, to mitigate against allegations of influence of others. Make sure all instructions about your will come only from you to the solicitor directly, and that any correspondence from the solicitor comes directly to you.
4. Get a capacity report
If the solicitor suggests a capacity report, then get one – this is great additional evidence that you knew what you were doing at the time. It is sensible planning, not an insult.
5. Explain your wishes
Prepare a side letter setting out the reasons why you have prepared your will in the way that you have and especially for anyone you think might be disappointed by what you have done. You don’t have to but if there are those who may be disappointed or may challenge your will, consider (with your solicitor) whether it might be a good idea to talk to them now to resolve any issues at this stage.
6. Use a professional executor
Consider appointing a professional executor – there is obviously an additional cost but there are also plenty of occasions where that additional cost is more than proportionate and adds real value.
What to do if a will you are set to benefit from is challenged
“There are several ways in which a will can be challenged and different steps you might take, for example if the allegation is a lack of mental capacity or undue influence,” said TWM’s Downey.
1. Stay calm
You can’t change the past but you still need to be very careful about your interactions with the person/people challenging the will until you have advice. The aim is to resolve the dispute, not widen the gap. It is often going to be a highly emotive time following the death of a loved one when tempers may flare.
Allegations may appear or be personal, but remaining calm, reasonable and pleasant in response is a great start.
2. Instruct a solicitor who specialises in this area
There are plenty who unfortunately dabble – members of the Association of Contentions Trust and Probate Specialists (ACTAPS) are what they say on the tin and are the go-to in this area. Having the additional expertise of being a Trust and Estate Practitioner (TEP) or member of the Contentious Trusts Association (ConTrA) are also good hallmarks.
They will be able to tell you what steps you need to take, what evidence needs to be gathered and disclosed and help you assess the prospects of success in defending any claim.
3. Prepare for an expensive fight
These disputes can undoubtedly turn out to be very, very expensive in terms of legal fees but expert advice, especially at the earliest stage, can add real value and often limit the overall cost, and certainly reduce the time things take to resolve and the stress of the dispute.
But it is not all just about the law – only a tiny proportion of cases go to trial and the best lawyers take a holistic approach and have a blend of legal knowledge and expertise, but also have the experience of supporting clients in what are highly emotive disputes.
