Being a litigation solicitor has always meant helping people through some of the most difficult moments of their lives. Disputes involving Wills, trusts and estates can be among the most emotive legal challenges of all, requiring not only legal expertise, but also a deep understanding of human behaviour, emotions and family dynamics.
However, the nature of these disputes is changing. Relationships are becoming increasingly complex, blended families are more common, and expectations around inheritance can be significant. Combined with a growing willingness to pursue legal action, this is leading to more frequent and often more challenging family and inheritance disputes.
These challenges can span multiple generations, touching on inheritance planning, trusts and estates. As wealth transfers become more common, questions about how families can preserve relationships while managing and passing on assets are becoming increasingly important.
At the heart of many disputes is expectation and/or disappointment. Families are changing, but so are attitudes towards money, property and entitlement. These shifts are creating new pressures and new challenges for advisers and solicitors alike.
The changing shape of families
Modern families rarely fit the traditional model of previous generations. Blended families, second marriages, stepchildren and relationships spanning different countries are now increasingly common. While these families can often be both successful and rewarding, they can also create competing expectations and loyalties, which can often come to a head when a parent dies.
A parent may want to provide equally for biological children and stepchildren, while children from a first relationship may feel that they should be treated differently. A new partner may have expectations about their financial security, while adult children may have concerns about how assets are divided.
Often, disputes are not simply about money. They are about identity, belonging and perceptions of fairness – frequently rooted right back to childhood. When someone dies, decisions made years earlier can suddenly be viewed through the lens of grief, disappointment or family history.
For solicitors like myself, understanding these dynamics and the nuances involved is crucial. The legal documents may concern assets, but the dispute is usually about relationships.
The pressure of wealth transfer
The UK is approaching a significant period of intergenerational wealth transfer, dubbed the ‘Great Wealth Transfer’. Over the next 30 years, an estimated £5.5 – 7 trillion is expected to pass from the baby boomer generation to younger family members.
At the same time, younger generations are facing increasing financial pressures, including high property prices and a rising cost of living. For many, inheritance is no longer viewed as an unexpected windfall; it is increasingly seen as part of long-term financial planning.
This creates a new level of sensitivity around estates. Where property and other assets have increased substantially in value, disagreements over inheritance can carry much greater financial consequences.
Lifetime gifting has also become more common as parents and grandparents seek to help younger generations. Parents may provide money towards a house deposit, contribute to a business venture or offer financial support during difficult periods. These decisions are often made with the best intentions, but without clear documentation, they can create uncertainty and give rise to misunderstandings and conflict in the future.
Was the money a gift or a loan? Was it intended to be considered when dividing an estate? Was one child given more support because they needed it, or was it intended as an early inheritance?
Without clear conversations and proper planning, these questions can become the foundation
for future disputes.
An ageing population and questions of capacity
Another significant change relates to demographic changes. People are living longer, and with that comes an increased prevalence of age-related conditions such as dementia.
From a legal perspective, one of the impacts of this is that questions around mental capacity, vulnerability and undue influence are becoming increasingly common. Relatives may question whether someone understood the decisions they were making when they created or changed a Will, particularly where those decisions appear unexpected.
A Will challenge may arise because someone believes a person lacked mental capacity, was pressured into making a decision, or did not properly understand or approve the contents of their Will.
These cases are often deeply emotional. The person challenging the Will is often not just seeking a financial resolution; equally possible is the likelihood that they may feel shocked or hurt by decisions made by someone they loved.
This is why careful planning is so important. A professionally drafted Will, appropriate records of decision-making, and evidence that capacity was considered at the time can all help reduce the risk of future disputes and challenges.
Greater awareness and a more informed public
Another factor driving the rise in Will and estate disputes is awareness. People today have greater access to information about their legal rights. Online information and the increasing sophistication of artificial intelligence have made it easier for people to research inheritance law, understand potential claims and identify routes to challenge decisions they believe are unfair.
As a result, more families are questioning whether an estate has been distributed properly or whether they have been treated fairly.
This does not mean that every challenge will succeed. In England and Wales, people generally have testamentary freedom: the right to leave their estate as they choose, subject to certain legal protections. However, where there are concerns about the validity of a Will
or where an eligible claimant argues that the Will fails to make reasonable financial provision for them.
The human side of dispute resolution
Every dispute has a story behind it. A disagreement over an estate may reflect years of unresolved family tensions. A challenge to a Will may stem from grief and a perception of injustice as much as financial concerns. A disagreement between beneficiaries may be about feeling valued, recognised or treated fairly.
The challenge for those in my role is to understand both the legal framework and the human context in which disputes arise.
Not every dispute can be avoided. Families are complicated, and emotions and actions cannot always be anticipated. But with thoughtful advice, careful preparation and open communication, disputes can be resolved.
