Rise in Will Disputes: Rich Baby Boomers Dying, Dementia, and TV Dramas Behind Surge

The number of will disputes in England and Wales has reached record levels, with up to 10,000 people challenging wills every year. This surge is attributed to a variety of factors, including the deaths of rich baby boomers who own more property, leading to higher financial stakes for descendants. Additionally, the rise in second marriages and the increasing prevalence of dementia are causing doubts over the validity of wills.

Lawyers believe that the practice of executing wills via videolink, which became more common during the Covid pandemic, could also be contributing to the increase in disputes. The cost-of-living crisis may also be prompting more people to take risks and challenge wills.

TV dramas and documentaries portraying high-profile will disputes are also inspiring individuals to challenge wills, according to legal experts. Going to trial in these cases can be ‘ruinously expensive’ for those involved.

HM Revenue and Customs are set to take in a record £7.5 billion in inheritance tax receipts, reflecting the growing number of cases going in front of judges. However, most disputes are still settled out of court.

Individuals who can challenge a will include current and former spouses, civil partners, children, long-term cohabitees, and anyone financially maintained or treated as a child by the deceased under the 1975 Inheritance Act.

One individual, Holly McIntosh, shared her experience of a legal battle with her stepmother over her father’s will, highlighting the emotional and financial toll of such disputes. Legal experts advise individuals writing wills to clearly explain their reasoning and address potential objections to avoid costly and stressful disputes.

Overall, the increase in will disputes underscores the importance of careful estate planning and communication to prevent family conflicts and legal battles after death.