Rise in Legal Rows Over Inheritances Sparks Concerns and Controversy

Inheritance disputes in England and Wales have seen a significant increase in recent years, with legal rows over inheritances rising by more than 34 per cent in the past five years. The Ministry of Justice reported that 195 inheritance disputes went to court last year, compared to 145 in 2017, marking a substantial increase in court cases over the past decade.

Experts attribute this surge in inheritance disputes to various factors, including high property values, complex family structures involving remarriage, warring stepfamilies, and nuisance claims. The rise in court cases has shed light on the growing number of disputes over wills in the region, with many conflicts not even reaching the courtroom.

Specialist lawyers have noted that while some will disputes involve legitimate grievances, an increasing number are being brought by “opportunistic” individuals seeking a larger share of the estate. Complex family dynamics, such as disputes between children and stepchildren, have also contributed to the rise in inheritance conflicts.

One notable case involved a High Court judge in London ruling in favor of the Swiss girlfriend of a Russian tycoon in a battle over his £100 million estate against his children from a previous marriage. Another case highlighted a court battle over the estate of Jack Leonard, an engineer who invented a foetal heart monitor, between his children and stepchildren.

The average house price in England and Wales has also played a role in driving inheritance disputes, as family homes now represent the most valuable asset in many estates. The Office for National Statistics reported a significant increase in house prices, further exacerbating tensions over inheritances.

Despite the record number of inheritance disputes going to court, the majority of these conflicts are resolved outside of the courtroom. Families often opt to settle disputes to avoid prolonged legal battles and additional distress during the grieving process.

In light of the rising number of inheritance disputes, there have been calls for legislative reform to address the rights of cohabitees in inheritance matters. The Law Commission recommended changes to allow cohabitees to claim a share of their late partner’s estate without going to court, but the proposal was rejected by the government in 2011.

As the government considers potential tax cuts, including the possibility of scrapping inheritance tax, the issue of inheritance disputes remains a pressing concern for many families in England and Wales. The impact of these legal rows on individuals and families underscores the importance of proper estate planning and clear communication to prevent future conflicts over inheritances.