Inheritance disputes are becoming more common, particularly where families are dealing with unclear Wills, unexpected decisions or uncertainty about what someone wanted. Recent research shared by Association of Lifetime Lawyers suggests that around one in five UK adults would consider disputing a Will if they felt an estate had not been divided fairly. At the same time, many people still do not have a Will in place at all.
Every family is different, but there are practical steps you can take now to reduce the risk of future inheritance disputes and make things easier for the people closest to you.
Why are inheritance disputes becoming more common?
Inheritance disputes can arise for many reasons. In some cases, there is no Will in place and the intestacy rules decide who inherits. In others, the Will may be out of date or no longer reflect the person’s current family circumstances. Disagreements are also more common in blended families, where there may be children from previous relationships, stepchildren or second marriages to consider. Unequal gifts, family businesses, property portfolios and poor communication can all increase the risk of misunderstandings. Many inheritance disputes are not simply about money. They are often driven by shock, confusion or a feeling that someone’s wishes were unclear.
How to handle inheritance disputes before they happen
The best way to handle inheritance disputes is often to reduce the chances of them happening in the first place. Putting clear plans in place now can help avoid unnecessary stress and tension later.
1. Make a Will and make it clear
A properly drafted Will sets out who should inherit, who will deal with your estate and what should happen if a beneficiary dies before you. Without a Will, the intestacy rules apply. These rules decide who inherits your estate, but they may not reflect your personal wishes or family situation. This can create confusion and increase the likelihood of inheritance disputes. A clear, professionally prepared Will can help ensure your wishes are understood and reduce the risk of future disagreements.
2. Review your Will regularly
Your Will should evolve as your life changes. A sensible rule of thumb is to review it every five years, and sooner after major events such as:
- marriage or divorce
- buying a home
- having children or grandchildren
- starting or selling a business
- a significant change in finances
- changes in family relationships
Outdated Wills are one of the most common causes of inheritance disputes. A Will that no longer reflects your circumstances can lead to uncertainty, disappointment and avoidable family tension.
3. Choose the right executors
Your executors are responsible for dealing with your estate after your death. Disputes often become more difficult because of delay, confusion or poor communication. Choosing organised, reliable executors, and considering substitute executors as well can help make the process smoother and reduce tension between family members.
4. Reduce surprises where possible
Many people ask how to dispute a Will because they are shocked by what it contains. If you are planning to leave unequal gifts, or leave someone out altogether, it can help to explain your reasoning. This might be through a conversation in advance or a short signed letter kept with your Will. This does not make a Will impossible to challenge, but it can reduce misunderstandings and help family members understand why certain decisions were made.
5. Keep good records
Good record-keeping can make estate administration much easier for your executors. Keep important documents together and let the right people know where they are. This can include:
- your Will
- property information
- pension details
- life insurance policies
- bank account information
- details of digital assets and online accounts
Clear records can help reduce delays, avoid confusion and make inheritance disputes less likely.
How to dispute a Will
There are circumstances where someone may have legal grounds to dispute a Will. For example, concerns may arise if:
- the person making the Will lacked mental capacity
- they were pressured into making certain decisions
- there are concerns about fraud or forgery
- the Will was not signed or witnessed correctly
- someone who depended financially on the deceased has not been provided for
If you are worried about whether a Will is valid, or you are unsure about your rights, it is important to seek advice early. Inheritance disputes solicitors can help you understand your position and explain the options available. Getting clear advice early can often help prevent matters from escalating and give you a better understanding of your options.
We’re here to help
If it has been a while since you reviewed your Will, or you do not yet have one in place now is a good time to get one in place.
Our Private Client team can help you put clear, legally robust plans in place to protect the people you care about and reduce the risk of future inheritance disputes. We can also advise you if you are facing concerns about a Will, an estate or a family disagreement following someone’s death.
To talk through your options, speak to a member of our Private Client team.
