Recent data has shown a notable 5% increase in contested wills reaching court between 2022 and 2023 – a trend that reflects both the emotional complexities of inheritance and a growing awareness of legal rights among beneficiaries. While most probate disputes are resolved out of court, this rise underscores the importance of clear, professionally prepared wills and early legal advice when disputes arise.
At Ives and Co, we understand how sensitive and stressful inheritance issues can be. Our goal is to help families avoid disputes through robust planning, and support those facing litigation with expertise and compassion.
✔️Why Are More Wills Being Contested?
There are several reasons behind the increasing number of will disputes making it to court:
- Blended families and second marriages
Modern family structures often mean more potential beneficiaries and a higher chance of someone feeling unfairly excluded.
- DIY wills and lack of legal guidance
Homemade wills are more likely to contain errors or ambiguities, which can open the door to challenges.
- Mental capacity concerns
Disputes often arise if there are doubts about the testator’s mental capacity at the time the will was made.
- Undue influence or coercion
Family members may allege that the deceased was pressured into signing a will that doesn’t reflect their true intentions.
- Increased property values
With estates now frequently including substantial property assets, the financial stakes are higher—and so is the motivation to contest.
✔️Common Grounds for Contesting a Will
Under English law, there are several legal bases on which a will can be challenged:
- Lack of testamentary capacity
- Failure to properly execute the will
- Lack of knowledge and approval
- Undue influence or coercion
- Fraud or forgery
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975** – where someone believes they were not reasonably provided for
✔️ Steps You Can Take to Avoid a Dispute
Proactive planning is the best way to reduce the risk of future legal battles. Here’s how:
- Use a qualified solicitor to draft your will
- Discuss your intentions with family where appropriate to avoid surprises
- Keep your will up to date, especially after major life changes
- Consider a letter of wishes to explain decisions that might seem unusual
- Make sure your will is properly executed and stored securely
The rising number of will disputes reaching court highlights the importance of expert legal support – both at the planning stage and when conflicts arise.
If you’re concerned about a will – or want to ensure your own is watertight, speak to our team today.
