It is estimated around a fifth of families have disputes about inheritance and in February 2024 The Guardian reported that as many as 10,000 people are disputing Wills each year across England and Wales.
The two most common claims that can be made in relation to an estate are:
1. Disputes relating to the validity of a Will, which is broken down further on our website; and
2. Claims under the Inheritance (Provisions for Family and Dependants) Act 1974 for reasonable provisions to be made. Claims of this nature are discussed further in our previous blog.
Other claims include promissory estoppel claims and disputes between executors.
The following factors are attributable to the growing number of claims being made against estates in recent years:
Aging population:
With people now living longer, there has been an increase in the number of people living with conditions that affect mental capacity.
When making a Will there is a focus placed on someone’s capacity to do so. Testamentary Capacity is discussed further with case examples in our previous blog.
Complex family structures:
It is common to find blended families in 2024 and is far more common than it was 30 years ago. Many of the disputes involve blended families, second marriages, and stepchildren or siblings.
Complicated families and unequal distributions can often lead to disputes about who is receiving what from an estate and if the share is fair. In some cases, family members have been left a minimal amount or have even been disinherited by their parents or other close relatives.
Increased awareness and knowledge:
People now have a greater awareness of their legal rights and options available when it comes to contesting a Will or a deceased person’s estate. Claims of this nature are often widely published when celebrities or large estates are at the centre of a dispute.
In this day and age, the internet is a powerful tool that has resulted in exposure to information that may have not been readily available before.
Rising estate values:
One of the primary reasons for the increase in estate disputes is the rising value of estates. As property prices and asset values continue to climb, the stakes involved in inheritance disputes become higher.
Adults are now more likely to be supported or even maintained by their parents, due to the cost of moving out and having your own home. It is therefore no surprise that claims against the estates of parents for maintenance continue.
Comment
These are just a few of the factors contributing to the rise in disputes and claims in relation to deceased estates. At Nelsons we can assist you if you are concerned that there is an issue with the validity of a Will or feel that you have not been provided for within an estate. Our team can help you investigate the claims available to you and guide you through the process to a conclusion.
How can we help?
Faye Henderson is a Trainee Solicitor at Nelsons.
For further information on navigating your small claim, advise you on the options available, and assist you in settling your dispute to bring it to an end, please contact a member of our Dispute Resolution team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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