Navigating Inheritance Disputes: Why They’re Rising and How to Safeguard Your Estate

Inheritance disputes are becoming increasingly common across England and Wales. As families grow more complex and property values continue to rise, more people are finding themselves entangled in emotionally charged legal battles over Wills, trusts, and estate distributions. 

In fact, recent years have seen a marked increase in challenges to Wills, with more claimants relying on the Inheritance (Provision for Family and Dependants) Act 1975 to assert their rights.

If you are concerned about ensuring your estate passes smoothly to your intended beneficiaries, it’s vital to understand the causes of inheritance disputes – and more importantly, how to prevent them. At ELM Legal Services, we are committed to helping individuals and families create robust, legally sound estate plans that protect their wishes and minimise the risk of conflict.

Why Are Inheritance Disputes on the Rise?

Several social, legal, and economic trends have contributed to the growing number of contested Wills and estate claims:

1. Blended and Modern Family Structures

Today’s families are more diverse than ever. With second marriages, stepchildren, cohabiting partners, and estranged relatives, the traditional nuclear family is no longer the norm. This complexity often leads to competing claims and misunderstandings about what is “fair” or expected, particularly where verbal promises or assumptions have been made during the deceased’s lifetime.

2. Increased Property and Asset Values

The UK property market has experienced significant growth over the past two decades. Many estates now include high-value assets, such as family homes, pensions, and investment portfolios. With more at stake, there is a stronger financial incentive for individuals to dispute how an estate has been divided.

3. Greater Legal Awareness

More people now understand that Wills can be challenged under certain conditions, especially if they believe they have not received reasonable financial provision. Legal information is more accessible than ever, leading to a rise in claims based on lack of capacity, undue influence, or financial need.

4. DIY Wills and Invalid Documents

DIY Will templates and over-simplified online forms are increasingly popular, but they often lead to errors, omissions, and confusion. Wills that lack legal clarity or fail to meet the formal requirements of the Wills Act 1837 are more vulnerable to being contested.

Common Grounds for Contesting a Will

Understanding the most common reasons for disputes can help individuals plan more effectively. These include:

• Lack of Testamentary Capacity: Allegations that the deceased did not understand the nature or consequences of the Will due to mental incapacity.
• Undue Influence: Claims that someone exerted pressure on the testator to change their Will in a way that does not reflect their true intentions.
• Fraud or Forgery: Suspicion that the Will has been altered, falsified, or tampered with.
• Improper Execution: Wills must be signed and witnessed correctly. Failure to follow proper procedures can render a Will invalid.
• Claims Under the Inheritance Act 1975: Certain individuals (such as spouses, children, and cohabiting partners) can claim for reasonable financial provision if they feel they’ve been unfairly excluded.

How to Protect Your Estate From Future Disputes

Taking the right steps during your lifetime can significantly reduce the likelihood of your Will being contested. Here are some best practices:

1. Work With a Specialist Will-Writing Service

A professionally drafted Will is far less likely to be challenged. At ELM Legal Services, our team of experienced legal professionals ensure that every document we produce complies with current legislation and is tailored to each client’s personal and financial circumstances.

2. Review and Update Your Will Regularly

Your circumstances will change over time – through marriage, divorce, the birth of children, or a change in assets. It’s important to review your Will every few years or after significant life events to ensure it still reflects your wishes.

3. Open and Honest Communication

Where appropriate, speak with your loved ones about your decisions. While it may feel uncomfortable, setting expectations and explaining your reasoning can prevent hurt feelings and disputes later on.

4. Include a Letter of Wishes

Although not legally binding, a letter of wishes can help to clarify the reasoning behind your choices. This can be invaluable if a dispute arises and helps to demonstrate that your decisions were well thought out.

5. Use Trusts Where Appropriate

In certain circumstances, setting up a trust can offer greater control over how your assets are distributed and protect beneficiaries who may be vulnerable or financially inexperienced.

6. Choose Independent Executors

Appointing impartial executors can help ensure that your estate is administered fairly and without bias. Consider selecting a professional executor or trustee where complex family dynamics exist.

Planning Ahead If You Anticipate a Dispute

If you suspect that someone might challenge your will after your death – perhaps due to strained relationships or family tensions – it’s wise to seek legal advice as early as possible. You may be advised to:

• Obtain a capacity assessment from a GP or specialist when drafting your Will
• Create a detailed written statement explaining your decisions
• Document interactions and ensure the Will is properly witnessed

These proactive measures help demonstrate that your will reflects your genuine intentions, and they provide strong evidence in the event of a legal challenge.

How ELM Legal Services Can Help

At ELM Legal Services, we have over two decades of experience helping individuals across England and Wales with Will-writing, probate, trusts, and lasting power of attorney. We take pride in offering a personal, empathetic, and expert-led service that ensures your estate planning needs are fully met.

Our team will guide you through the process, answer your questions, and ensure your estate is structured to protect both your assets and your loved ones.

If you’re looking to contest a Will, we also have a free claim checker to find out if making a claim is a viable option.

Ready to Protect Your Legacy?

Contact ELM Legal Services today for professional estate planning advice you can trust. Whether you need help drafting a new Will, setting up a trust, or reviewing your current arrangements, we are here to help every step of the way.