Inheritance disputes have shot up over the past five years, and it’s no surprise. Families are more complicated, people live together in all sorts of arrangements, and DIY wills are still causing chaos.
Nearly 8 in 10 later-life lawyers say they’re seeing more contested wills than in 2021, with around 10,000 people a year now challenging an estate in England & Wales. Many expect the number to rise again once pensions start counting towards inheritance tax from 2027.
A well-written will can prevent a lot of this trouble — and often reduce the tax bill too. Poorly drafted wills, outdated wills, unequal gifts between children, blended families, and “no will at all” are driving most disputes. Unsurprisingly, 91% of lawyers say clients are shocked when they realise the legal mess an old will can cause.
Modern families don’t fit neatly into the old rules, which is why getting advice and keeping documents up to date matters so much. People assume their wishes are obvious. They almost never are.
Below is a quick overview of why estates are being challenged more often — and how a properly drafted will (the sort I write every day) can dramatically reduce the risk.
Why Wills Are Being Contested More Often
1. More couples living together without marrying
Cohabiting couples now outnumber many married couples, but the law hasn’t kept up. Unmarried partners have no automatic legal rights if one dies without a will, which often leads to claims under the Inheritance (Provision for Family and Dependants) Act 1975.
2. Adult children staying at home longer
With housing costs soaring, more adults rely on their parents for somewhere to live. When a parent dies, disputes often follow — usually because someone expected more than the will provided, or there wasn’t a will at all.
3. Age-related illness and capacity issues
More people are making wills late in life, sometimes while unwell or without proper guidance. Dementia rates are rising sharply, and if there’s any doubt about capacity when a will was made, challenges are far more likely.
How to Reduce the Risk of a Dispute
There’s no magic guarantee, but there are ways to make a will far more robust. These are exactly the steps I build into the wills I draft:
1. Consider a “no contest” clause
This can deter challenges by stating that anyone who disputes the will could lose their inheritance.
2. Get a capacity assessment where needed
If someone is elderly or unwell, a doctor’s confirmation of capacity can stop most disputes before they start.
3. Use a professional will-writer (ideally one who does this all the time)
A properly drafted will comes with detailed notes about the person’s wishes. This evidence is extremely powerful if anyone later tries to challenge it.
DIY wills rarely include this — which is why they feature so heavily in contentious probate cases.
If You Ever Need to Contest an Estate
A specialist contentious probate solicitor will look at the evidence, the size of the estate, the financial needs of those involved, and the deceased’s obligations. Many cases settle through mediation rather than court, but early legal advice is vital. Have a look here for a free initial appraisal.
If you’d like a will that clearly reflects your wishes and drastically reduces the risk of a family dispute later on, I can help. Let me know and we’ll get it sorted.