Rise in Will disputes prompts warning to people in their 40s and 50s

There has been a rise in disputes over estates, with many of the problems linked to outdated wills or the absence of any Will at all. According to research published by the Association of Lifetime Lawyers, eight in ten lawyers say they have seen an increase in contested estates over the past five years.

Selina Gonzalez, Associate Solicitor in our Will Claims Team, provides an update.

The survey, which questioned 2,002 people aged over 30 at the start of the year, suggests that many people in midlife have not put their affairs in order. Among those aged 45 to 54, 45% said they did not have a Will. A further 15% said they had started writing one but had not completed it, while another 15% had not reviewed or updated their will within the last five years.

Nearly half of respondents said they were concerned that an outdated will could lead to disagreements or disputes among family members after their death. One in five said they had considered challenging a Will or inheritance themselves.

A spokesman for the association said making a Will remains one of the most important legal steps people can take. “The cost of putting a Will in place now is minor compared to the costs that will be spent if disputes arise as a result of death.”

The spokesman also warned that while do-it-yourself Wills are widely available, a document produced without proper care “is not necessarily going to be good or right or protect you if it’s not done properly”.

Disagreements frequently arise where estates are divided unequally between children, or where family circumstances have changed but a Will has not been updated to reflect those changes. Blended families, where partners have children from previous relationships, can also give rise to disputes if the terms of a Will are unclear.

Another common source of conflict arises when a person dies without a Will at all. In those cases, the estate must be distributed according to the rules of intestacy, which may not match what the deceased would have wanted. This can leave unmarried partners or stepchildren with no automatic entitlement, increasing the likelihood of disagreement among relatives.

Disputes can also develop over the administration of the estate itself, including arguments about funeral arrangements, the handling of property, or whether a Will accurately reflects the deceased person’s intentions.

Regularly reviewing a Will can help avoid many of these problems. Major life events such as marriage, divorce, the birth of children or grandchildren, or significant changes in finances can all affect how a person may wish their estate to be distributed.

Keeping a Will up to date can reduce uncertainty and provide clearer guidance for families at a difficult time.

If you would like more information about the issues raised in this article please contact Selina on 01228 516666 or click here to send her an email.