Inheritance disputes in the UK: What’s driving the increase and how to avoid one

In recent years, there has been a noticeable increase in people challenging wills and bringing claims, particularly under the Inheritance (Provision for Family and Dependants) Act 1975, often called the “1975 Act”.

Julia Fenton, Associate Solicitor at Morrish Solicitors explains the reasons behind this trend, and steps that can be taken to reduce the risk of disputes.

What is the 1975 Act?

The 1975 Act allows certain people to make a claim on someone’s estate if they believe they haven’t been left “reasonable financial provision.” This might include a spouse or former spouse, a child, or someone who was financially supported by the deceased in the two years before their death.

The court looks at various things, like how much the estate is worth and the financial needs of the person making the claim. "Even if a will seems legally sound, the 1975 Act gives people a route to challenge it if they feel they've been treated unfairly," explains Fenton.

Why are more people making inheritance claims?

Several modern trends are contributing to the increase in inheritance disputes:

Changing family structures: With blended families, second marriages, and estranged relatives, inheritance situations can be more complicated than ever.

Financial pressures: The cost of living has risen, and people are more likely to turn to inheritance as a source of financial help.

More legal awareness: People now have more knowledge about their rights and how to access legal help.

Ageing population: As more people live longer, questions are increasingly being raised about mental capacity and whether someone was fit to make a will.

Did the person know what they were doing?

For a will to be valid, the person making it must have what’s called ‘testamentary capacity’. This means they must:

• Understand what a will is and what it does;
• Know what they own and who might expect to inherit;
• Not be suffering from a mental condition that affects their judgment.

This standard comes from a legal case called Banks v Goodfellow (1870), and it’s still used today. Fenton continues: "We’re seeing more cases where relatives challenge a will because they believe the person didn’t understand what they were doing due to illness or vulnerability. If there’s any doubt about someone’s mental capacity when they made their will, that can open the door to challenges from disappointed relatives"

How can you reduce the risk of a claim?

There’s no way to completely stop someone from bringing a claim, but there are smart steps that can help reduce the chances of a successful one.

Keep good notes: Lawyers should record the person’s mental state and intentions at the time of making the will.

Talk to your family: Explaining your decisions to loved ones can help avoid surprises and hurt feelings.

Get a medical assessment: If there's any concern about mental capacity, a doctor’s opinion can be very helpful evidence.

Use estate planning tools: Giving away assets during your lifetime or creating trusts can limit what’s left in your estate — and what can be challenged.

Consider a discretionary trust in your will: This type of trust doesn’t guarantee anyone a fixed share, so there’s less reason to argue over fairness.

Include a forfeiture clause: This clause says that if someone challenges the will, they risk losing their inheritance altogether.

The rise in inheritance disputes is linked to modern family dynamics, financial pressures, and a greater awareness of legal rights. But careful planning and communication can make a big difference.

"Open and honest conversations now can prevent disputes later. At the end of the day, it’s about making sure your wishes are respected, and your loved ones are protected from unnecessary legal battles." Fenton concludes.

Morrish Solicitors dispute resolution services can be provided in-person, over the phone or by email or post. If you would like more information on contested probate, mediation, or any other type of dispute resolution, contact [email protected] or call 033 344 9600. Alternatively, you can make an appointment at their head office in Leeds city centre, or one of the branches located at 51a High Street in Yeadon and at 9 Lowtown in Pudsey.