Disputes between families and friends over estates are becoming more common.
In the final quarter of 2024, the Probate Registry received over 3,000 applications to enter a caveat, this is the first time there have been over 3,000 applicants in a single quarter.
A caveat is a legal step that pauses the probate process while concerns about an estate are looked into. This often happens at a time when families are already dealing with grief, uncertainty and financial pressure. In many cases, these disputes could have been avoided with clearer planning.
Clapham & Collinge support families with wills, trusts, LPAs and probate, both when planning ahead and when issues arise.
In this guide, we explain why inheritance disputes happen and how careful planning can significantly reduce the risk.
What is an inheritance dispute?
An inheritance dispute is a legal disagreement relating to a person’s estate after they have passed away. This may involve challenges to the validity of a will, disagreements about how assets are distributed, or concerns about how decisions were made before death under a Lasting Power of Attorney.
Disputes commonly arise where:
- A will is believed to be invalid due to lack of capacity, undue influence, or incorrect signing and witnessing
- Someone expected to benefit from the estate has been left out
- There is suspicion that the will is not genuine
- There is no will, and family members disagree about how the estate should be distributed under the rules of intestacy
- Concerns are raised about how attorneys managed finances or care decisions before death
- Trust arrangements are misunderstood or contested
- Claims are made under the Inheritance (Provision for Family and Dependants) Act 1975
Why are inheritance disputes becoming more common?
Modern family life and rising asset values have made estates more complex than ever before.
Blended families, second marriages and stepchildren can mean expectations do not match what is written in a will. Without careful drafting, some family members may feel unintentionally excluded.
At the same time, property values have increased significantly. For many estates, the family home represents the largest asset, which can intensify disagreements, particularly during periods of financial pressure.
There has also been a noticeable rise in homemade or DIY wills. While these may seem cost-effective at the time, unclear wording, incorrect witnessing or failure to consider complex family circumstances often leads to disputes later.
People are also living longer. With increased life expectancy comes a higher incidence of conditions such as dementia, which can raise questions about whether a person had the mental capacity to make or change a will. This can also lead to allegations of undue influence from others.
Greater public awareness, often driven by media coverage of contested estates, has made people more willing to question wills and seek legal advice where they feel something is wrong.
How LPAs can cause disputes if things are unclear
Lasting Powers of Attorney are an important part of planning ahead. They allow trusted individuals to make decisions if someone loses mental capacity. Problems often come to light after death, when decisions are looked at more closely.
Family members may question financial decisions made before death, such as large withdrawals, gifts, or the sale of property. Even where attorneys have acted correctly, poor record keeping can create suspicion and conflict.
Tensions can also occur between siblings if only one person is appointed as attorney, which can lead to feelings of resentment or mistrust. Attorneys are legally required to act in the donor’s best interests at all times, but misunderstandings about what this means can lead to disagreements.
In more serious cases, concerns may be raised about misuse of authority, self-dealing, or financial abuse. These situations can be investigated by the Office of the Public Guardian and, in some cases, the Court of Protection.
How trusts can help avoid disputes
Trusts are often used to protect assets, support vulnerable beneficiaries, and set clear rules for how money and property are managed and passed on. When they are clearly written and properly explained, they can reduce the risk of disputes.
Problems tend to arise when beneficiaries do not understand how a trust works, or when the wording is unclear. This can lead to confusion and disagreements between trustees and beneficiaries.
Careful drafting and clear explanation help make sure a trust does what it is meant to do, without creating unnecessary conflict.
How clear planning prevents disputes
Many inheritance disputes can be avoided through early, clear and professionally guided planning. A well drafted will that reflects current family circumstances, properly prepared LPAs with guidance for attorneys, and the appropriate use of trusts can all provide clarity and reassurance.
Letters of wishes can also help explain the reasoning behind decisions, which can be invaluable in reducing misunderstandings after death.
Open conversations with family members, where appropriate, and regular reviews of legal documents as circumstances change are also important steps in preventing future conflict.
What happens if a dispute does arise?
Where concerns are raised, early legal advice is essential. Many disputes can be resolved through discussion, negotiation and mediation without the need for court proceedings. Court action is usually a last resort, as it can be costly, time-consuming and emotionally draining for families.
Having experienced solicitors involved early can help find practical, sensitive solutions that protect both the estate and family relationships where possible.
How we help reduce the risk of inheritance disputes
At Clapham & Collinge, we combine decades of experience in wills, trusts, probate and LPAs with a compassionate and practical approach. As Lifetime Lawyers accredited solicitors, we specialise in supporting older and vulnerable clients and their families with careful future planning.
We help clients put clear, legally robust arrangements in place and provide support where disputes arise, always aiming to reduce stress and provide clarity during difficult times.
Inheritance disputes are often the result of unclear planning, changing family dynamics, or misunderstandings about decisions made before death. In many cases, they are preventable.
Taking the time to put professionally drafted plans in place and reviewing them regularly can provide peace of mind and protect loved ones from unnecessary conflict in the future.
If you would like advice on wills, trusts, LPAs or probate matters, the team at Clapham & Collinge are here to help, please call your local branch, fill out our form or email us on enquiries@clapham-collinge.co.uk for more information.
Norwich
Tel: 01603 693500
Sheringham
Tel: 01263 823398
North Walsham
Tel: 01692 660230
enquiries@clapham-collinge.co.uk