
Rise in Will Disputes Highlights Growing Challenges in Estate Planning
In 2023-2024 the amount of disputes over wills in England and Wales climbed to over 10,000 a year. A report from The Guardian newspaper noted that a 5% rise in court claims related to contested wills, a trend that shows no signs of slowing.
There are most commonly two types of will disputes claims that arise:
- Challenging the validity of a will: Contesting whether a will reflects the true intentions of the testator.
- Reasonable provision claims: Brought under the Inheritance (Provision for Family and Dependants) Act 1975.
Disputes against executors are also contributing to the amount of estate litigation claims.
It is thought the growth is being driven by the passing of the property-rich ‘baby boomer’ generation, which has increased the financial stakes for descendants along with increases in second marriages and stepchildren being disinherited. In the current cost of living crisis younger generations are increasingly dependent on inheritance to achieve financial stability, and to enable them to pay off debts or enter the property market.
A rise in dementia is leading to more claims that wills have not been properly drawn up. Amid increasing numbers of people that are now living with dementia, family members are increasingly challenging the validity of wills and citing cognitive decline in the testator. Capacity assessments and detailed attendance notes made when wills are drawn up could head off such disputes, but this often does not happen with many low-cost will-writing services.
The experience of challenging a will can be extremely distressing for all of the parties involved, as well as being extremely expensive and time consuming. It is vital to ensure that when you prepare a will it is drafted by experts who ensure the process is carried out effectively and help to mitigate against the risk of any issues that may arise in the future.
The landscape of inheritance disputes underscores the importance of careful planning and transparent communication to prevent family conflicts over estates.
https://todayswillsandprobate.co.uk/rise-in-will-disputes-highlights-growing-challenges-in-estate-planning/