Christina Taylor
The Ministry of Justice reports a 17% increase in probate disputes, with over 51,140 estates in the last year, reaching a five-year high. Indicating a growing risk of potential feuds over inheritances.
In cases where a person dies without a will and owns valuable assets, the court typically issues a ‘grant of letters of administration’ to manage their estate.
In these situations, assets are divided by strict intestacy laws, which could result in outcomes that the deceased did not intend for their legacy. This can involve money going to distant relatives the deceased may never have met, estranged spouses, or even the Crown if no living family members can be located.
Behind the Surge: Why Inheritance Legal Battles Are on the Rise
Family conflicts over inheritances are predicted to increase as more estates pass away without a will.
A UK report by probate lending firm, Level Group, indicates that 38% of people are prepared to go to court if they believe their inheritance was unfair or unsatisfactory.
- 8% of the respondents stated that they would continue to dispute the matter despite the possibility of not winning.
- 60% of those aged 25 to 34 were the generation to dispute a will. Men were (44%) more likely to say they would do this than women (34%).
- 7% of individuals who stated they dispute an inheritance had already taken the matter to court. An additional 22% stated that, depending on the situation, they “might” do this.
The Ministry of Justice (MoJ) reports a 37% increase in probate disputes in court over the past decade, compared to 2014 data. The average monthly probate disputes in 2023 reached 867, with an upward trend from January to September 2024, reaching an average of 992.
The MoJ’s statistics show a 518% increase in probate cases taking longer than one year over the past five years, indicating a rise in disputed probates and a general trend of longer settlement times.
The founder and CEO of Level Group, a probate loan company that acquired the information, George Williamson, stated: “The new government figures highlight a concerning rise in probate disputes, which makes it more important than ever to engage in proactive and thorough estate planning.
“Failure to do so can not only result in future disputes but may also lead to delays in probate proceedings, leaving families in financial uncertainty.”
Intestacy Rules Explained: Who Inherits When There’s No Will?
If a person leaves no will to specify their preferences, the estate must legally follow the norms of intestacy.
Under intestacy rules:
- The first £322,000 would be inherited by the deceased’s spouse or civil partner if they were married or in a civil partnership.
- The spouse and any children will divide the remaining amount equally.
- If neither a spouse nor children survive, a strict hierarchy of relatives is upheld, which may not closely align with the deceased’s desires.
Family ties determine the inheritance order, with children and the surviving husband or civil partner receiving priority before other family members.
The order of priority is:
- Surviving spouse/civil partner
- Children (including legally adopted children – stepchildren are not automatically entitled to inherit under intestacy unless they have been legally adopted).
- Parents
- Siblings (full and half-siblings)
- Grandparents
- Aunts and uncles (whole and half-blood)
- The Crown, Duchy of Lancaster, or Duke of Cornwall
For example, in the case of a childless, married couple who have no parents, each one with a sibling, if they both die without wills, who dies first determines which sibling inherits everything on the second death.
Take a married couple who do not have wills, for example. If the husband dies first, the wife inherits the estate – and upon her death, her sibling receives everything. If she dies first, the husband’s brother or sister inherits instead.
Study Conductors Emphasise Critical Importance of Having a Will
The managing associate of TWM Solicitors’ who conducted the study, David Lunn, stated: “Dying without a valid will can cause enormous distress and confusion for loved ones and often leads to outcomes that are completely at odds with the deceased’s wishes.”
“Intestacy rules prioritise blood relatives and make little to no provision for unmarried or unregistered partners, who might miss out on inheriting property and possessions.
Lunn added: “If you are in a long-term relationship, outside of marriage, consider writing a will to ensure your estate is distributed according to your wishes. Ensuring any potential points of conflict or confusion have been thought through and dealt with in advance. Reducing the risk of future disputes and avoiding court intervention.”
Frequently asked questions:
What is probate?
This is the term given to the legal authorisation of a person to deal with the estate of a deceased person, whether under the terms of a Will or as the closest relative under the Intestacy rules. The document received will be a Grant of Probate or a Grant of Letters of Administration.
The probate process ends once the estate has been identified, all taxes and debts have been paid, and the inheritance has been distributed.
Who can apply for a grant of probate?
If you are named as an executor in the will, you can apply for probate.
If there is no will and you are the next of kin, the order of priority for applying for Letters of Administration is as follows:
- Spouse
- children (including children adopted by the deceased but excluding stepchildren)
- parents
- siblings
- grandparents
- uncles or aunts
- If children, siblings, uncles, or aunts of the deceased person have died before the deceased, their children may apply for probate.
It is worth noting that if you are named in the Will as the chosen Executor or you are next of kin, but you do not want to act, you do not have to.
Are there time limits on applying for probate?
Although officially there are no legal time limits on applying for either the Grant of Probate or Letters of Administration, you should consider the list of reasons to go through the process earlier rather than later. Examples of reasons could be:
Beneficiaries could deem that not proceeding with probate or starting the process is an ‘unnecessary delay,’ which would then enable them to sue for withholding their property or portion of the estate.
Inheritance Tax Return Form IHT400 must be filed within one year of the person’s death. You may therefore have to start the process earlier to get this form submitted in time.
Estate administration:
The administration of the estate can be complex and time-consuming, but we aim to take the burden from you, and we will:
- Interpret the Will and identify who the Executors are.
- Identify who will “administer” the estate in the absence of a Will.
- Value the estate
- Prepare the account to HM Revenue & Customs
- Apply for the Grant of Probate or Grant of Letters of Administration
- Pay any Inheritance Tax due from the estate.
- Administer the estate and distribute to the beneficiaries.
- Prepare estate accounts.
- Provide advice and full administration of an estate if no Will has been left.
- Advise and administer insolvent estates.
- Offer a fixed fee for obtaining the Grant only.
- Offer a fixed fee estimate for the full administration of an estate at the outset of the matter.
Solicitors can provide additional assistance to Executors/Administrators during the administration of the estate by:
- Providing advice on any post-death changes to the Will or Intestacy
- The distribution only of the estate to the named beneficiaries
- A reseal of a foreign Grant (if appropriate)
- Liaising with a solicitor to deal with assets located abroad.
- Reconstituting the title deeds of an unregistered property
- Dealing with the sale or transfer of a property
Further information:
Oakwood Solicitors Probate and estate administration.
WHAT TO DO NEXT
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