The Inheritance Crisis: Why Will Disputes Are Rising in the UK

Inheritance disputes in the UK have never been more common. More than 1,200 contested probate cases were filed at the High Court in 2025, a 13% increase on the previous year and more than 50% higher than the 816 cases recorded in 2020. In the final quarter of 2025 alone, 342 claims were filed, the highest quarterly figure in a decade. And with the so-called “great wealth transfer”, the transfer of trillions of pounds in assets from the Baby Boomer generation to their children, which is only just getting underway, the problem looks set to worsen significantly before it improves.

So, what is driving this surge in family conflict, and what steps can individuals and families take to protect themselves?

Why Inheritance Disputes Are Increasing in the UK

Several powerful forces are converging to create the perfect conditions for inheritance conflict.

Complex Family Structures and Blended Families

Divorce rates climbed dramatically through the 1970s, 1980s and 1990s. Many of those who divorced went on to remarry and have children with new partners. Those individuals are now in their late 60s and beyond, and when they die, they often leave behind complicated family structures involving stepchildren, half-siblings, and estranged relatives, all of whom may believe they have a legitimate claim on the estate. Legislation governing wills dates back to the Victorian era and, despite calls for reform, has not kept pace with the reality of modern family life.

Rising Property Values and Inheritance Tax Pressures

The nil-rate band for inheritance tax (IHT) has been frozen at £325,000 since 2009, while property prices have risen substantially over the same period. As a result, more estates than ever are being drawn into the IHT net, and where there is more money at stake, there is inevitably more incentive to dispute how it is divided. HMRC figures show IHT receipts reached £7.7 billion in the first eleven months of the 2025/26 financial year, on course for a fifth consecutive annual record. The Office for Budget Responsibility projects that figure could reach £14.5 billion by 2030-31.

Mental Capacity and Will Challenges

An ageing population and questions of mental capacity. As people live longer, the risk of cognitive decline, dementia, and Alzheimer’s disease becomes more significant. Wills signed in the later stages of life are increasingly vulnerable to challenges on the grounds of testamentary capacity, meaning the testator may not have had full mental capacity when the will was made. This is one of the most common grounds on which wills are contested, and it is a trend that will only accelerate as the population ages.

DIY Wills and Poor Estate Planning

The rise of cheap online will-writing services has made it easier and more affordable than ever to put a will in place, but it has also led to a surge in poorly drafted documents. Ambiguous wording, missing witnesses, or failure to account for changing circumstances can all render a will open to challenge. Legal professionals point to a “public appetite” for cutting corners on estate planning, which frequently results in costly disputes after death.

Increased Awareness of Legal Rights

More people are aware that they can challenge a will under the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain categories of people, including children, spouses, and cohabitees, to apply to the court for financial provision from an estate if they feel they have been inadequately provided for. Combined with the rise of no-win, no-fee legal arrangements, the barriers to bringing a claim have never been lower.

The Impact of Pension Changes on Inheritance

The pension time bomb.

Adding further complexity is a significant policy change on the horizon. From April 2027, inherited pension pots will be brought within the scope of inheritance tax for the first time. This is a major shift. Pensions have historically been one of the most tax-efficient ways to pass wealth to the next generation, and many people have structured their estate planning around this assumption. With pensions now set to be included in IHT calculations, the effective tax rate on inherited pension wealth, when IHT is combined with the income tax payable by the beneficiary, could reach as high as 67% in some cases. This change is expected to significantly increase both the value of estates subject to IHT and the potential for disputes about how that wealth is distributed.

How to Prevent Inheritance Disputes

The good news is that the vast majority of inheritance disputes are avoidable with proper planning. Here is what individuals and families should consider.

Keep Your Will Updated

Make a will and keep it updated. It sounds obvious, but a significant proportion of adults in the UK still do not have a valid will. Dying intestate (without a will) means your assets are distributed according to fixed rules that may bear no relation to your wishes. Even if you have a will, review it regularly, particularly after major life events such as marriage, divorce, the birth of children or grandchildren, or a significant change in financial circumstances.

Use a Qualified Estate Planning Professional

Use a qualified professional. While DIY wills may be tempting, the cost of getting it wrong can far exceed the cost of professional advice. A solicitor experienced in estate planning will ensure your will is correctly drafted, properly witnessed, and reflective of your actual wishes.

Communicate Your Intentions Clearly

Talk to your family.

Many disputes arise not because of any legal failing but simply because family members feel surprised or aggrieved by decisions they did not know about. Having open, honest conversations with your loved ones about your intentions while you are still alive and well can prevent misunderstandings and reduce the likelihood of conflict.

Use a Letter of Wishes

Consider a Letter of Wishes. A Letter of Wishes sits alongside a will and provides context for the decisions made within it. While not legally binding, it can help executors and beneficiaries understand your reasoning, which can be invaluable in preventing or resolving disputes.

Plan for Inheritance Tax Efficiently

Take specialist advice on inheritance tax planning. Given the changing IHT landscape, frozen thresholds, the inclusion of pensions from 2027, and new rules on agricultural and business assets, estate planning has never been more complex. Trusts, gifting strategies, and careful structuring of assets can all play a role in reducing an IHT liability, but they require expert guidance to implement effectively.

A Final Thought on Inheritance Planning

The rise in inheritance disputes is not simply a legal phenomenon; it reflects the complexity of modern family life, the growing value of estates, and the consequences of decades of underinvestment in estate planning. The best legacy anyone can leave their family is not just financial wealth, but the clarity and foresight to ensure that wealth passes smoothly, fairly, and without conflict. In an environment where disputes are at a record high, getting your affairs in order has never been more important.