10,000 people contest wills every year. Here’s how to ensure yours isn’t one of them

An older couple signing a document with a solicitor.

Death should be a time of commemoration, collective grief, and familial unity, but it is increasingly becoming a catalyst for rifts and schisms within families.

According to a report in the Guardian, solicitors estimate that as many as 10,000 people in England and Wales contest wills each year. Furthermore, in 2021/2022 alone, 195 inheritance disputes were brought before judges, up from 145 in 2017.

However, since the majority of disputes are resolved out of court, these numbers likely represent a small fraction of a much wider trend.

Read on to find out what’s behind this surge in cases and what you can do to help ensure your will isn’t contested after you die.

Rising property prices, dementia cases, and divorce rates lie behind the rise in inheritance disputes

The Guardian report highlights that the recent rise in inheritance disputes stems from a variety of financial, cultural, and health-related factors.

As the baby boomer generation enters old age, properties purchased decades ago have appreciated significantly in value, driving up the worth of inherited estates.

HMRC data shows that Inheritance Tax receipts between April and November 2024 exceeded those of the previous tax year, which itself set a record. As estate values grow, so too do the financial stakes for heirs, which is likely a key contributor to the increase in disputes.

Additionally, the rising prevalence of dementia as people live longer has become a significant factor in inheritance disputes. The Alzheimer’s Society estimates that approximately 982,000 people in the UK currently have dementia, a number projected to reach 1.4 million by 2040. This has led to an increase in challenges to wills based on claims that the deceased lacked the mental capacity to make sound decisions when the document was created.

Furthermore, higher divorce rates and the growing number of second marriages have resulted in many stepchildren being disinherited. In some cases, they may feel entitled to a share of the estate and may have legal grounds to contest the will.

There are several steps you can take to help ensure your will isn’t contested

No one wants their family and loved ones to argue when they die. While there’s nothing that can completely guarantee it won’t happen, there are several steps you can take to help avoid your will being contested.

Write your will early and keep it updated

One of the most challenging outcomes for your family would be if you were to pass away “intestate”, which means you haven’t prepared a will before your death.

In such cases, your estate is divided according to the laws of intestacy, which could lead to your assets being distributed to people you might not have chosen.

Another benefit of creating your will sooner rather than later is that it minimises the potential for disputes regarding your mental capacity.

For instance, if you were to delay writing your will and it was later discovered that you had an undiagnosed condition like dementia, there could be grounds for challenging your will based on your mental state at the time it was created.

A solicitor can help ensure that your will is legally compliant and witnessed, protecting it from any future claims that you were influenced by others or lacked mental capacity at the time of writing.

Moreover, it’s a good idea to consider reviewing and updating your will after every significant life event, such as remarrying or the birth of a child or grandchild.

The 1975 Inheritance Act states that a will can be challenged by:

  • Current and former spouses and civil partners
  • Long-term cohabitees
  • Children and other people you treated as a child of the family
  • Anyone you maintained financially.

Given the number of potential challengers, it’s important to keep your will updated throughout your life to limit the risk of inheritance disputes in the future.

Consider writing a letter of wishes

Unlike a will, a letter of wishes is not a legally binding document. Rather, you can use it to outline your preferences for matters such as funeral arrangements, the location of important documents, or the reasoning behind the decisions you made about dividing your estate.

This letter can provide clarity and address any questions your family may have about your estate plan, helping to reduce confusion and potential disputes after your passing.

Be open and discuss your intentions with your family and loved ones

Engaging in open and honest conversations with your family about your intentions allows you to explain your decisions directly. This approach can help prevent unanswered questions or misunderstandings in the future.

Additionally, such discussions offer your family a chance to share their thoughts and perspectives. They may bring up ideas you hadn’t yet thought of, which could prove valuable and lead you to adjust your will.

Work with a financial planner

It’s also a good idea to collaborate with a financial planner when drafting your will.

They can help you create an efficient estate plan that optimises your assets and ensures your beneficiaries are supported according to your wishes.

Get in touch

Our team of independent financial advisers in Lewes is here to support you in writing and updating your will, ensuring your wishes are met after your death.

To find out more, please get in touch by emailing us at financial@barwells-wealth.co.uk or by phone on 01273 086 311.

Please note

This article is for general information only and does not constitute advice. The information is aimed at retail clients only.

The Financial Conduct Authority does not regulate estate planning or will writing.

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