Increase in inheritance disputes alarming trend

Family disputes over inheritance are escalating sharply, as revealed by recent analysis from law firm Taylor Rose. The final quarter of 2024 marked a historical peak, with 3,061 applications submitted to enter a “caveat” with the Probate Registry, allowing individuals to halt the granting of probate. This unprecedented figure surpasses the previous records, showcasing a 56% increase in applications to block probate over the past five years, as 11,362 applications were lodged in total for 2024, compared to 7,268 in 2019.

Experts warn that the trend is set to continue rising due to a complex interplay of demographic and societal factors, including an ageing population, mental capacity issues, the rising cost of living prompting increased reliance on inheritances as a financial safety net, and the prevalence of poorly drafted DIY wills. Additionally, remarriages among older individuals further complicate estate matters, making disputes more likely.

According to Taylor Rose’s Wills, Trusts and Probate Disputes team, the quarterly figures are a reflection of changing lifestyles and financial pressures facing families. The analysis indicates that those aged over 65 are expected to make up 26% of the UK population by 2041, leading to increased challenges over will validity as more individuals face mental health issues. Wendy Rixon, Joint Head of the team, stated, “Fallouts amongst families over inheritance are hugely emotional and stressful, but they are becoming more common.”

The challenges are exacerbated by a generational wealth gap, with older baby boomers holding the bulk of property and financial assets. The rise of DIY wills has also contributed to the issue; a report highlighted that 23% of individuals used non-professional methods to draft their wills. This has caused confusion and disputes, particularly when complex family arrangements are not adequately addressed.

Sharon Macaulay, also a Joint Head at Taylor Rose, emphasised the importance of having a valid will, stating, “The most important thing for people to remember to avoid their family getting into a ‘Will War’ is to ensure that you have a valid Will in place.” Poorly drafted wills can lead to a surge in claims, complicating an already delicate matter for families left behind. With the rising trend expected to continue, individuals are urged to consult accredited professionals to protect their legacies effectively and prevent future family discord over inheritance.