Brits prepared to legally challenge an ‘unfair’ inheritance
Nearly four in ten Brits said they’d dispute a will and potentially go to court if they thought the inheritance they received was unfair, highlighting an increased dependency on the potential windfalls.
According to the UK Inheritance Expectations 2025 report, Labour’s change on inheritance tax for farms and businesses above £1m will double the number of families facing a tax bill.
As revealed in January, HMRC collected a record £6.3bn in inheritance tax over the nine months to the end of December, but under new changes by Labour, £2.5bn will be added to the inheritance tax receipts by 2029-30.
The Level Group surveyed 2,000 people and found that while over half (54 per cent) expect to inherit money in the next 20 years, a third (34 per cent) stated that they are financially dependent on their inheritance to some extent.
In terms of age, over half of millennials and 47 per cent of those aged between 35 and 44 were revealed to be the most reliant.
The report, quoting Ministry of Justice data, revealed that over the past decade probate disputes have been steadily rising in the UK. However, in 2023, there were an average of 867 probate disputes per month, compared with the current 2024 trajectory, which averages 992 per month.
Inheritance tax rows ‘tear families apart’
The drive to take legal action over inheritance is evident, with just under 10 per cent of respondents saying that even if they thought they might not win, they would still dispute the matter.
Amanda Collins, an associate at the law firm Moore Barlow, stated that “it’s clear that inheritance could become the next frontier in civil litigation.”
Inheritance disputes can tear families apart, but some steps can be taken to prevent them.
“The key isn’t just having a Will; it’s having the right Will that reflects your family’s own unique dynamics. Too many people settle for cookie-cutter, one-size-fits-all solutions that ignore more complex relationships in the wider family. In addition to this discussing your Will with your family may also head off future disputes if you felt able to do so,” she explained.
The private wealth lawyer also pointed out the “intestacy rules also need urgent modernisation”.
Collins explained that “the current rules ignore modern family structures, such as cohabiting partners, stepchildren, and long-term caregivers, who receive no guarantee, while distant relatives are eligible to inherit it all.”
“Legislation should recognise these relationships, mandate professional Will-writing standards, and require mediation before costly court disputes,” she added.