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Why later-life changes can lead to disagreements
Many Will disputes arise after a late-life or unexpected change to an estate plan. This might include a new Will that favours one child over another, removes a beneficiary, benefits a new partner, changes executors, or leaves a valuable property in a different way than expected.
These changes may be perfectly valid, as people are entitled to update their Will as their circumstances and wishes change; however, where the change is unexpected, made during illness, or benefits someone who was closely involved in arranging it, family members may be more likely to question what happened.
Second marriages and blended families can also make estate planning more difficult. For example, someone may wish to provide for a spouse or partner during their lifetime while also protecting children from a previous relationship. Without careful drafting, these competing interests can cause tension after death.
The Financial Times has recently reported on the rise in disputes over Wills as the population ages, highlighting the practical and legal difficulties that can arise when someone is elderly, seriously ill, living with dementia, or part of a complex family structure. The article notes that disputes can continue after death, with medical experts sometimes asked to assess capacity using records after the person has died.
These issues are becoming more common: NHS figures state that more than 944,000 people in the UK have dementia, with around one in 11 people over 65 affected. Solomonic, the litigation analytics company, has also linked the rise in probate disputes to an ageing population, dementia and Alzheimer’s, higher estate values, blended families, cost of living pressures and the increasing use of DIY or cheaply prepared Wills.
Why can capacity become an issue in Will disputes?
A person making a Will must have the legal capacity to do so. This means they must understand what they are doing, the extent of their estate, and the people who might reasonably expect to benefit. Capacity can become a point of dispute where someone made or changed a Will while elderly, seriously ill, confused, vulnerable, recently bereaved, or living with dementia or another condition affecting decision-making.
A dementia diagnosis does not automatically mean someone cannot make a Will; capacity is decision-specific and can change over time. In England and Wales, a person making a Will must be at least 18 and have capacity. Someone who lacks capacity at one point may still be able to make a valid Will during a lucid interval.
The difficulty often arises later, after someone has died. Family members may then question whether the Will was properly understood, whether their loved one was unduly influenced, or whether the document reflected their true wishes.
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What evidence can help reduce the risk of an inheritance dispute?
When someone is making or changing a Will later in life, the process surrounding the Will can be just as important as the wording itself.
Useful steps to avoid any future disputes may include:
- taking advice from a qualified solicitor
- giving instructions without pressure from family members or beneficiaries
- keeping a clear note of the person’s wishes and reasons for any major decisions
- considering a medical capacity assessment where capacity could later be questioned
- reviewing how previous Wills dealt with the estate
- choosing suitable executors
- making sure the Will is signed and witnessed correctly
These steps can be particularly important where a Will removes a beneficiary, treats children unequally, benefits a new partner, changes executors, or is made following illness, bereavement, or a dementia diagnosis.
A properly drafted Will cannot prevent every dispute, but it can clarify the person’s wishes and provide important evidence if questions arise later.
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What happens if a dispute over a Will has already started?
If there is a disagreement over a Will or estate, early specialist advice can help clarify the legal position. This may include considering whether there are grounds to challenge a Will, whether capacity is in issue, whether there was evidence of undue influence, or whether the estate is being administered properly.
Not every case needs to go to Court. Many disputes can be resolved through correspondence, negotiation or mediation. Where Court proceedings are necessary, specialist contentious probate advice can help protect a client’s position and manage the process properly.
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TLW Solicitors’ comment
“Later-life Will changes need to be handled carefully, particularly where there has been illness, bereavement, a dementia diagnosis or a significant change in family circumstances.
A person may have very clear wishes and every right to change their Will. The important point is making sure those wishes are properly recorded, capacity has been considered, and there is a reliable record of the advice given.
Where any of those steps are missed, families can be left trying to piece together what happened after the person has died. That can make disputes harder to resolve, more expensive and more upsetting for everyone involved.”
How TLW Solicitors can help
TLW Solicitors provides straightforward, solicitor-led advice on Wills, Trusts, Estate Planning and Contentious Probate matters. If you want to make or review your Will, update an existing Will later in life, or put proper arrangements in place for your estate, we can guide you through the process with clear, practical advice.
If a disagreement has already arisen about a Will, estate or inheritance, our Contentious Probate team can advise on possible next steps.
