Lara Barton examines the rise in Will disputes in Today’s Wills and Probate

Lara’s article was published in Today’s Wills and Probate, 4 March 2024, and can be seen here.

Lara Barton, Partner in our Private Client department, highlights the growing concern over inheritance disputes in England and Wales, which have surged by over 34% since 2017 and more than 140% in the past decade.

This rise is attributed to a combination of factors, including soaring property prices, increased exposure to Inheritance Tax, and the complexities of modern family structures. Additionally, the growing wealth gap between generations and longer life expectancies have intensified financial pressures, making inheritance a more contentious issue.

A significant contributor to these disputes is the increasing prevalence of dementia and age-related conditions, which leave older individuals vulnerable to financial abuse. This abuse can take many forms, from outright theft to manipulation into gifting assets. As a result, more families are finding themselves in legal battles over Wills, often driven by mistrust or financial desperation. These disputes can be emotionally draining and financially costly, especially given the current court delays, which can extend cases for years.

To mitigate these risks, Lara strongly advises proactive estate planning. This includes drafting and regularly updating Wills and Lasting Powers of Attorney while mental capacity is intact. Seeking professional legal advice and clearly communicating one’s wishes to family members can significantly reduce the likelihood of disputes. By taking these steps, individuals can help ensure their estates are distributed according to their intentions and avoid the emotional and financial toll of contested Wills.

Read the full article on the Today’s Wills and Probate website [external link].