Inheritance disputes in England and Wales are rising sharply as more families turn to the courts to challenge how estates are divided.
Research from the litigation intelligence provider Solomonic points to 1,217 inheritance claims registered with the courts in 2025, up from 1,080 in 2024 and just 816 five years ago in 2020.
The increase is largely attributed to the growing wealth and booming asset values, particularly property, that is being transferred between generations.
As wealth increases, whether on paper or in assets, and families become more complex, often as the result of multiple marriages, heirs are increasingly willing to challenge what they perceive as unfair treatment.
Suggestions of undue influence and coercion are increasingly made, where one sibling is accused of influencing or persuading elderly parents to change their will where mental capacity is questioned.
Avoiding disputes
While the rise in claims reflects broader societal and economic trends, many disputes are avoidable. In practice, inheritance disputes are rarely just about money. They are often driven by surprise, perceived unfairness or a lack of communication during the deceased’s lifetime.
One of the most effective ways to minimise the risk of a dispute is through clear and open communication. Where appropriate, discussing the contents of a will with family members in advance can help manage expectations and reduce the likelihood of misunderstanding later. This can be particularly important in blended families or where there is an intention to depart from what beneficiaries might assume to be an ‘equal split’.
Leaving a short letter of wishes alongside a will can provide valuable context, especially where one beneficiary is treated differently from others. While not legally binding, such letters can be persuasive in demonstrating that decisions were considered and intentional, rather than the result of undue influence.
Taking professional advice when drafting a will is also critical. A properly prepared will, drafted with the benefit of legal input, is far less likely to be successfully challenged. Solicitors will consider issues such as capacity, potential claims under the Inheritance (Provision for Family and Dependants) Act 1975, and how best to structure the estate to reflect the testator’s wishes. They can also ensure that the will is executed correctly, reducing the scope for technical challenges.
In situations where capacity could later be questioned, it is often advisable to obtain medical opinion. A short report from a GP or specialist at the time the will is made can provide strong evidence if the will is challenged on the basis of lack of capacity.
Regularly reviewing and updating a will is equally important. Changes in family circumstances – such as marriage, divorce, the birth of children or stepchildren, or significant changes in wealth – can all affect how an estate should be distributed. An outdated will can create unintended consequences and increase the risk of dispute.
Finally, careful selection of executors can make a significant difference. Appointing an independent professional, or someone perceived as neutral, can help ensure that the administration of the estate is handled objectively and reduce the potential for conflict between beneficiaries.
While it may not be possible to eliminate the risk of a challenge entirely, early planning, clear communication and robust legal advice can significantly reduce the likelihood of disputes arising and help ensure that a person’s wishes are respected after their death.
Contact our Contentious Probate Solicitors
If you need advice or assistance on any of the issues raised in this interview/article, please contact Stephen Wade (Litigation & Disputes) or Olivia Meekin (Private Client) at Bishop & Sewell on 020 7091 2706 or by email at litigation@bishopandsewell.co.uk.
This information is accurate as at 27 April 2026.
It may be subject to change and should not be considered legal advice. Each matter should be assessed on a case-by-case basis.
