David Draisey explores the reasons behind Will disputes in Today’s Wills & Probate
David’s article was published in Today's Wills & Probate, 20 May 2025, and can be seen here.
David Draisey, Partner in our Litigation and Dispute Resolution department, explores the rising number of inheritance disputes in the UK, driven by the growing importance of inherited wealth.
While only a fraction of the estimated 10,000 annual challenges proceed to court, the number of contested probate claims continues to rise, with 122 cases reaching the High Court in 2023.
Common reasons for contesting a Will include doubts about the testator’s mental capacity, suspicions of undue influence, or claims that the Will fails to provide reasonable financial support. Misleading expectations created by the testator during their lifetime can also lead to conflict among beneficiaries.
David highlights the emotional intensity that often surrounds Will disputes, especially when family members feel disinherited or misled. In some cases, the estate is viewed as “family money,” and challenges arise when it is left to unexpected beneficiaries. These disputes can also serve as a proxy for deeper, unresolved family tensions.
Despite the emotional backdrop, the legal grounds for contesting a Will are limited and include improper execution, lack of understanding, or undue influence. Executors are advised to remain neutral, while early settlement is encouraged to preserve family relationships and avoid lengthy litigation.
The article also outlines the specific legal route for individuals who believe a Will has failed to make reasonable financial provision for them. Only certain categories of people, such as spouses, children, or dependents are eligible to bring such claims, which must be filed within six months of the grant of probate. While outcomes vary depending on the facts of each case, David emphasises the importance of early legal advice to ensure any claim is grounded in a solid legal foundation.
Read the full article on the Today's Wills & Probate website [external link].