The Rise in Will Disputes: Why More People Are Contesting a Will in the UK

Challenges to wills, often referred to as will disputes, are rising sharply across the UK. More individuals are choosing to contest a will than ever before, with solicitors, courts and mediators reporting a steady increase in inheritance disputes.

Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are becoming more common, alongside allegations of undue influence and disputes over testamentary capacity.

This growing trend is not driven by a single factor. Instead, it reflects a combination of demographic, social and economic changes that are reshaping how families approach inheritance and estate planning.

1. Changing family structures and will disputes

Modern families are more complex than ever, which is a key driver behind the increase in will disputes.

• Blended families: Second marriages, stepchildren and cohabiting partners can create competing expectations.
• Estrangement and complex relationships: Long-term estrangement or unequal care arrangements often lead to perceived unfairness.
• Cohabitation without marriage: Many long-term partners mistakenly believe they have automatic inheritance rights, leading them to contest a will when they discover this is not the case.

These evolving dynamics make it increasingly difficult for a will to reflect everyone’s expectations, increasing the likelihood of disputes.

2. Rising property values and inheritance disputes

Property values across the UK have increased significantly, meaning even modest estates can be substantial.

• Higher estate values make litigation more financially viable
• Beneficiaries are more motivated to challenge a will
• Unequal distributions feel more significant and harder to accept

When a family home forms the bulk of an estate, disagreements are far more likely to escalate into formal inheritance disputes.

3. Greater awareness of the right to contest a will

Awareness of legal rights has grown considerably, particularly in relation to contesting a will in the UK.

• Increased visibility of inheritance disputes in the media
• Greater access to online legal information
• Wider understanding of claims under the Inheritance (Provision for Family and Dependants) Act 1975

As a result, more individuals are willing to pursue a claim where they believe reasonable financial provision has not been made.

4. An ageing population and testamentary capacity claims

As life expectancy increases, so too do concerns around mental capacity and vulnerability.

This has led to:

• More disputes involving lack of testamentary capacity
• Increased allegations of undue influence
• Greater scrutiny of wills made later in life

Where individuals are reliant on carers or specific family members, disputes can arise over whether a will truly reflects their wishes.

5. DIY wills and unregulated will writing

The rise of DIY wills and unregulated will writing services has contributed significantly to will disputes.

Common issues include:

• Incorrect execution
• Ambiguous or unclear wording
• Failure to properly consider tax implications
• Poor record keeping

Errors or uncertainty in how a will was prepared often create fertile ground for disputes after death.

6. Economic pressures and inheritance expectations

Ongoing economic pressures and the rising cost of living have made inheritance more important than ever.

• Younger generations increasingly rely on inheritance for financial stability
• Expectations around entitlement are higher
• Individuals are more willing to contest a will where those expectations are not met

In this climate, inheritance disputes are often driven as much by financial necessity as by principle.

7. Changing attitudes towards litigation

There has been a broader cultural shift in how disputes are approached.

Mediation and litigation are no longer seen as extreme measures but as practical tools for resolving disagreements. As a result, the stigma once associated with contesting a will has reduced significantly.

Conclusion: Why will disputes are set to continue rising

The increase in will disputes reflects long-term societal change rather than a short-term trend. As families become more complex, property values remain high and awareness of legal rights continues to grow, more people are likely to contest a will in the future.

Careful estate planning, clear communication and taking professional advice are essential steps in reducing the risk of disputes.

How we can help

If you are considering contesting a will, or are involved in an inheritance dispute, our specialist Contentious Probate team can provide clear, practical advice tailored to your situation.

We regularly advise clients on:

• Contesting a will
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975
• Disputes involving undue influence and lack of capacity

You can contact Ellie Claffey or view our Dispute Resolution page for more information.