Inheritance disputes and Wills: Are they watertight, how can you protect your wishes?

Carrie King, Associate Solicitor in Morrish Solicitors’ dispute resolution team explains how a combination of changing family dynamics, financial pressures, and delays in the probate system are key factors driving the surge.

According to recent analysis, probate cases have risen by over 30% in the past five years, with some families waiting more than a year for resolution. These delays, coupled with rising tensions and frozen assets, are creating a perfect environment for disputes.

King states: “We’re seeing more families come to us in distress, not just because of grief, but because they feel unfairly treated or excluded from a loved one’s estate. The emotional toll can be immense, especially when legal battles stretch on for months.”

The legal landscape: The 1975 Act and mental capacity challenges

One of the most common legal routes for challenging a will is through the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain individuals to claim if they believe they haven’t received “reasonable financial provision.” This includes spouses, children, and those financially dependent on the deceased.

King explains: “Even if a will is legally valid, the 1975 Act gives people a route to challenge it if they feel they’ve been treated unfairly. We often see claims from adult children or cohabiting partners who were financially reliant on the deceased but left out of the will.”

Another growing area of contention is ‘testamentary capacity’ — whether the person making the will understood what they were doing.

King says: “We’re seeing more cases where relatives challenge a will on the grounds of mental incapacity. If there’s any doubt about someone’s cognitive ability at the time the will was made, it opens the door to disputes.”

Modern families, modern problems

Blended families, second marriages, and estranged relatives are adding complexity to inheritance scenarios.

King notes: “It’s no longer just about leaving everything to your spouse and children. People have stepchildren, ex-partners, and informal carers who may all feel entitled to a share.”

Financial pressures are also playing a role. With the cost of living rising, more people are relying on inheritance as a financial lifeline.

“We’ve had clients who were banking on receiving a legacy, only to find they’ve been left out entirely,” says King. “That shock can quickly turn into legal action.”

How to reduce the risk of disputes

While there’s no guaranteed way to prevent a claim, there are proactive steps individuals can take:

• Talk to your family: Open and honest conversations now can prevent disputes later. Explain your decisions and listen to concerns.
• Document everything: Lawyers should keep detailed notes about the person’s mental state and intentions when drafting a will.
• Consider medical assessments: If there’s any concern about capacity, a doctor’s opinion can be invaluable.
• Use estate planning tools: Discretionary trusts, lifetime gifting, and forfeiture clauses can help limit challenges.
• Appoint a neutral executor: Family members who are also beneficiaries can struggle to remain impartial. A professional executor can help maintain trust and avoid conflicts.

Inheritance disputes are not just legal battles, they’re emotional ones. King concludes: “At the heart of every dispute is a family trying to make sense of loss, legacy, and fairness. With careful planning and clear communication, we can help ensure that your wishes are respected and your loved ones are protected from unnecessary conflict.”

Morrish Solicitors’ dispute resolution services can be provided in-person, over the phone, by email or post. Contact [email protected] or call 033 344 9600. Alternatively, you can make an appointment at one of their offices in Leeds, Bradford, Pudsey or Yeadon.