Inheritance Disputes Are Rising: Five Reasons More Families Are Challenging Wills

What is behind the rise in inheritance disputes

Inheritance disputes are becoming more common, and the reasons are rarely the ones families expect. As a solicitor specialising in contested Wills and estates, I regularly meet families who find themselves in disagreement after the death of someone close to them.

What often surprises clients is how little the disagreement turns on the size of the estate. More often, a dispute arises because someone feels excluded, treated unfairly, or is unsure whether a Will truly reflects the deceased's wishes. 

While every case is different, there are five reasons why we are seeing more disputes than ever before. 

1. Estates are worth more than they used to be 

For many families, the family home is now worth far more than anyone expected. 

As property values have increased, even modest estates can contain substantial assets. Where larger sums of money are involved, disagreements that might once have been overlooked are more likely to result in legal advice being sought. In the majority of the disputes I deal with, the family home is the asset at the centre of the disagreement. 

2. Modern families are more complex 

Family life has changed significantly over recent decades. 

Second marriages, long-term partners, blended families and stepchildren are increasingly common. When someone dies, different family members may have very different expectations about who should inherit. Many family inheritance disputes arise because those expectations do not match what is written in a Will. A surviving spouse may expect to inherit everything, while children from an earlier relationship believe they should receive a share of the estate. Where a Will leaves someone without reasonable financial provision, the law allows for claims by family members and dependants to be brought against the estate. 

3. More Wills are being challenged on capacity grounds 

People are living longer than ever before, which can sometimes lead to concerns about mental capacity when a Will is made or changed. 

Families often question whether a loved one fully understood what they were signing if a Will was prepared shortly before death, particularly where dementia or memory problems were present. One situation I encounter regularly is where a significant change to a Will has been made late in life. Family members often ask whether the person understood the change and whether they made it freely. These are the circumstances in which the validity of a Will is challenged, and they usually turn on medical records, the solicitor's file and the recollection of those present.

4. More people know their legal rights 

In the past, many people assumed that whatever was written in a Will was final. 

Today, information is more accessible, and people are increasingly aware that there are circumstances in which a Will can be challenged or a claim can be brought against an estate. That awareness extends to the position where someone dies without a valid Will, where the intestacy rules decide who inherits and can produce an outcome the family did not anticipate. That does not mean every claim succeeds. However, it does mean that more people seek specialist legal advice when they believe something has gone wrong. 

5. Financial pressures are encouraging more claims 

The cost of living, high property prices and economic uncertainty all play a role. 

The receipt of an inheritance can have a significant impact on someone's financial future. As a result, people are more likely to question a Will or the distribution of an estate if they believe they have been treated unfairly. 

This often leads clients to ask: is it worth contesting a Will? The answer depends on the strength of the evidence, the value of the estate and the likely costs involved. Every case needs to be assessed on its own facts. 

Not every inheritance dispute ends up in court 

Many people assume that a Will dispute automatically means going to court. 

Broadly, Will disputes and inheritance claims fall into two groups: challenges to whether the Will itself is valid, and claims that the Will — or the intestacy rules — failed to make reasonable provision for someone who depended on the deceased. The evidence each requires is quite different, and identifying which applies is usually the first useful step. 

In reality, many disputes settle through negotiation or mediation. Early legal advice can often help families understand their options and explore solutions before positions become entrenched. It is also common for clients to ask who pays to contest a Will. There is no automatic rule, and the court has a wide discretion when deciding who should bear legal costs. 

What I see most often 

Most disputes start with one simple question: is this really what Mum or Dad wanted? 

Answering that question is not always straightforward. It often requires careful investigation of the evidence and a clear understanding of the law. Obtaining specialist advice at an early stage can help families understand their position and make informed decisions about the best way forward. 

Next reads 

What happens if somebody passes away with no Will?

How long does probate take and what causes delays?

Inheritance disputes: frequently asked questions

Why are inheritance disputes becoming more common?

Several factors are working together. Estates are worth more than they were a generation ago, largely because of property values, so there is more at stake. Family structures are more complex, with second marriages, stepchildren and long-term partners creating competing expectations. People are also better informed about their legal rights and more willing to take advice when they believe an estate has been distributed unfairly. 

Who can make a claim against an estate?

Two different routes exist. Someone who would inherit under an earlier Will, or under the intestacy rules, may challenge whether the current Will is valid. Separately, certain people can bring a claim that the estate did not make reasonable financial provision for them — this includes a spouse or civil partner, a former spouse who has not remarried, a partner who lived with the deceased for at least two years, children, someone treated as a child of the family, and anyone the deceased was maintaining. Claims of that second kind are subject to a strict time limit running from the grant of representation, so early advice matters. 

Can grandchildren or stepchildren contest a Will?

Often, yes, though the basis differs. A stepchild may be able to bring a claim as someone treated as a child of the family, particularly where they were brought up within the household. A grandchild is more likely to have a claim where the deceased was providing financial support. Either might also challenge the validity of a Will if they would inherit under an earlier Will or under the intestacy rules. 

How much does it cost to contest a Will?

There is no single figure. Cost depends on the complexity of the evidence, whether medical or handwriting expertise is needed, and above all whether the matter settles or proceeds to trial. Many disputes resolve through negotiation or mediation, which is considerably less expensive than a contested hearing. You can read more about funding options here. 

Who pays the legal costs when a Will is contested?

There is no automatic rule. The court has a wide discretion, and while the general position is that an unsuccessful party may be ordered to pay the other side's costs, that is not always the outcome in estate disputes. Where the dispute was caused by the deceased or by the way the Will was prepared, costs may be ordered out of the estate instead. You can read more about funding options here. 

Is it worth contesting a Will?

It depends on the strength of the evidence, the value of the estate and the likely costs of pursuing the claim. A well-evidenced claim against a substantial estate is a very different proposition from a weak claim against a modest one. The effect on family relationships is also a real consideration, and worth weighing honestly before proceedings begin. 

Contested probate and inheritance claims 

Grant Saw's Contested Probate team advises beneficiaries, executors and family members across Greenwich, Blackheath and South East London on Will disputes, claims against estates and executor and trustee disagreements. To discuss a Will or estate you are concerned about, call 020 8858 6971 or email mike.clary@grantsaw.co.uk. 

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Disclaimer 

This article is for general information only and is not legal advice. Laws and guidance change and outcomes depend on facts. If you need advice on your situation, please contact us. Grant Saw Solicitors LLP is authorised and regulated by the Solicitors Regulation Authority. 

Last updated: 11 August 2026