Record Number of Inheritance Disputes Plague Families in England and Wales

Inheritance Disputes on the Rise in England and Wales: A Legal News Perspective

In recent years, there has been a significant increase in the number of families embroiled in inheritance disputes in England and Wales. According to estimates by specialist solicitors, as many as 10,000 people are disputing wills every year, with 195 disputes going in front of judges in 2021-22, up from 145 in 2017. However, most disputes are settled out of court, making the actual number of disputes much higher.

The surge in inheritance disputes can be attributed to several factors, including the passing of the property-rich baby boomer generation, an increase in second marriages leading to stepchildren being disinherited, and a rise in dementia leading to claims that wills were not properly drawn up. The Covid-19 pandemic has also played a role, with the execution of wills by video link potentially leading to greater challenges.

Paul Grimwood, a partner in disputed wills, trusts, and probate at IBB Law, has seen a doubling in work over the last three years and described going to trial as “ruinously expensive” for some families. The increase in disputes is partly due to greater awareness of the right to challenge wills, driven by media coverage of high-profile cases and TV dramas.

One of the largest firms in the area, Irwin Mitchell, now has ten times more staff handling wills, trusts, and probate disputes than a decade ago. The size of estates being passed on is also growing, with HM Revenue and Customs on track to record its highest ever inheritance tax receipts for this financial year.

Under the 1975 Inheritance (Provision for Family and Dependants) Act, certain family members and dependents can claim for a different distribution of the deceased’s estate if reasonable financial provision has not been made. This has led to complex legal battles, such as the case of Holly McIntosh from Surrey, who challenged her stepmother’s bid to claim all of her husband’s assets despite a will that appeared to share them equally with her two stepdaughters.

In conclusion, the rise in inheritance disputes in England and Wales is a concerning trend that is causing financial strain and emotional turmoil for many families. Legal experts are urging individuals to carefully consider their estate planning to avoid such disputes in the future.