The recent rise of inheritance battles
An article in Today’s Wills and Probate has highlighted the rise in inheritance disputes across England and Wales over the last few years. According to recent figures, around 10,000 people are disputing Wills each year, with a record 391 contentious probate cases reaching the High Court in 2023.
As the article notes, the majority of these disputes centre either on concerns over the validity of a Will, or over the manner in which the estate has been distributed between the deceased’s beneficiaries. Disputes over distribution can often arise where a Will does not adequately provide for people who were financially dependent on the deceased during his or her lifetime. Disputes over validity, meanwhile, can arise due to concerns that the deceased may have lacked the requisite capacity to make a Will, or due to fears that the deceased may have been unduly influenced into making certain decisions about the distribution of their estate.
The article also indicates the role which the Covid-19 pandemic has played in the rise of inheritance disputes, due to the difficulties with obtaining legal advice and correctly witnessing Wills during the lockdowns. It is likely that disputes arising from this period will continue to surge over the next few years.
Regardless of the root cause, disputes over Wills and inheritance are often a source of immense emotional difficulty, and they can cost considerable time and money to sort out. For many people, however, what is at stake is simply too important to ignore.
How, then, can costly and stressful litigation be avoided? As a starting point, it is always advisable to maintain open dialogues with family, friends and loved ones about your intentions for your estate after you pass away, wherever this is possible. This is especially important if your choices may be unexpected or potentially controversial. All too often, disagreements and concerns over a Will can arise because there is an element of unpleasant ‘surprise’ upon a loved one’s death. Whilst inheritance is not an easy topic to discuss, talking about your decisions during your lifetime can help to mitigate any concerns, by making it clear that what is written in your Will accords with your wishes.
Seeking support from solicitors and other professionals is often a helpful way to navigate these conversations. There is also a range of resources on the Hunters’ ‘Difficult Conversations’ microsite – see Home | Difficult Conversations.
Secondly, if a loved one has passed away and you have concerns about their Will, then consider seeking legal advice as soon as possible. Contrary to popular belief, engaging solicitors at an early stage is not tantamount to an immediate escalation of conflict. Rather, it is the best way of working towards effective and early resolution, especially if communication between family members has broken down. There are a range of strategies which can be undertaken by solicitors at an early stage in a potential dispute - such as Larke v Nugus letters, which ask will writers or solicitors to provide information about the circumstances in which a Will was prepared, and the obtaining of medical records. In many cases, simply obtaining further information can help to clarify confusions and concerns long before a dispute reaches Court.
The Litigation and Dispute Resolution department at Hunters have considerable experience in guiding families through Will and inheritance disputes of all kinds. If you need support, then please don’t hesitate to reach out.
