Legal battles to contest Wills jump 61%

The number of legal challenges to a Will’s validity has increased dramatically, with a staggering 61% rise in just five years, according to TWM Solicitors, a prominent private wealth and family law firm. Recent figures from the Ministry of Justice reveal that disputes escalated to 122 challenges in 2024/25, up from only 76 cases in 2020/21. This spike in litigation is largely attributed to several factors, including the rise of late inheritances, growing incidences of dementia, and the complexity of modern family structures.

Families are becoming more determined to fight over larger inheritance shares than in the past. Stuart Downey, Dispute Resolution Partner at TWM Solicitors, remarks “People are not as willing to accept getting less than what they see as their fair share from a Will than they used to be." He further notes that “Just with a property involved, even a fairly modest estate can be worth over £500,000 to £1 million pounds.” This growing financial stake is prompting increased willingness to engage in costly legal battles, particularly when expectations surrounding inheritances are not met.

The reasons behind contesting a Will often centre around claims of a lack of mental capacity, undue influence, improper signing or witnessing, and even issues of fraud or forgery. With dementia and other cognitive impairments on the rise, questions about an individual's capacity to create or modify a Will have become more prevalent, ultimately leading to legal challenges.

Downey also highlights the impact of changing family dynamics, noting that “Growing family complexity is also a driver. Rising divorce and remarriage rates mean that estates are often divided between children from different relationships." Such complex scenarios can foster an adversarial environment, leading family members to pursue litigation against one another over contested inheritances.

As relatives become more aware of instances involving undue influence, individuals are increasingly bringing disputes based on claims that a loved one was coerced into changing their Will. The ramifications of such disputes can be severe, with legal battles proving to be both costly and damaging to family relationships. “Disputes over Wills can be extremely costly, stressful and damaging to family relationships," Downey adds. He strongly advises, "The best way to avoid them is through careful estate planning, taking professional advice early, and ensuring your wishes are clearly documented and regularly reviewed." By taking proactive measures, individuals can help safeguard their wishes and reduce the likelihood of familial strife after their passing.

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