How the Cost of Living Crisis Is Fuelling Will Disputes

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Written by Tanya Waterworth, Digital Content Writer

Rising Living Costs and Inheritance Expectations

High mortgage payments and soaring energy bills have put pressure on families, but how the cost of living crisis is fuelling will disputes is one area where the impact is less visible. The ever increasing cost of living across England and Wales has become more significant in contentious probate as families enter dispute over wills estates and inheritance rights. Essentially, financial pressures have taken their toll over recent years and are now considered a driving factor in contentious probate claims.

If you’re considering starting a will dispute, we look at what the cost of living crisis means for families and why speaking to a contentious probate solicitor early can make a decisive difference, as well as key evidence to gather for a probate dispute.

The Cost of Living Crisis: A Catalyst for Inheritance Disputes

According to legal analytics company, Solomonic, contentious probate claims continue to rise year on year which they said is due to “shifts in social demographics combined with ongoing economic pressures”. This includes factors such as blended families and second families which may create more disputes between children and new spouses. Solomonic also highlighted that there is a growing dependency of inheritance, especially for adult children.

This as inflation has pushed everyday expenses higher, interest rate rises have increased mortgage repayments, and many families are struggling to maintain financial stability. As a result, inheritance has gained more importance and may fuel conflict among families.

Greater Financial Dependence on Expected Inheritance

When people rely on an expected inheritance to ease financial strain, any unexpected change to a will can set off distress and conflict. Being left out of a will, receiving a smaller share than anticipated, or discovering late‑life changes to the estate plan can feel devastating when someone’s financial security is already fragile.

We have seen that this heightened dependence can often lead to:

• More Inheritance Act 1975 claims from adult children who feel they need reasonable financial provision.
• Increased challenges to wills that appear suspicious, rushed, or inconsistent with previous wishes.

Rising Property Values Intensify Disputes

Property typically remains the most valuable asset in many estates across England and Wales. Even during economic uncertainty, house prices have stayed relatively strong. As a result, disputes over who inherits the family home, or how equity should be divided, have become more common.

Where a home is jointly owned, or where one beneficiary has lived in the property for years, disagreements may quickly escalate into formal contentious probate claims.

Increased Lifetime Gifting Leads to Confusion and Conflict

During the cost of living crisis, many parents and grandparents have made lifetime gifts to help younger family members with rent, bills, or deposits. While well‑intentioned, these gifts may often lack proper documentation, leading to family conflict later about:

• Whether the gift was meant to be part of the inheritance.
• Whether the deceased was pressured into giving money.
• Whether the gift should be “brought back” into the estate for fair distribution.

It’s important to note that if a testator ‘gives away’ an asset e.g. a house to a child even if they continued to live there, this may set off tax disputes or legal challenges.

More People Are Drafting DIY Wills and More Mistakes Are Being Made

To save money, some people have turned to DIY wills or unregulated will‑writers. Unfortunately, poorly drafted wills are one of the biggest causes of contentious probate claims. Errors may easily occur in signing, unclear wording, or even missing clauses can invalidate a will or create ambiguity that sparks disputes.

Why These Disputes Are Becoming More Emotionally Charged

Financial pressure amplifies emotions. When families are already stressed, grieving, and worried about money, disagreements over inheritance may escalate quickly. Therefore, the cost of living crisis has created a perfect storm where:

• Expectations are higher
• Tolerance for unfairness is lower
• Suspicion of undue influence or financial abuse is more common

 Why You Should Speak to a Contentious Probate Solicitor Early

If you’re involved in a will dispute, early legal advice is essential. This is because contentious probate is a specialist area, and the decisions you make in the first few weeks can significantly affect the outcome.

1. Early Action Protects the Estate

A solicitor can help you:

• Enter a caveat to stop probate being granted.
• Prevent assets from being distributed prematurely.
• Secure key evidence before it disappears.

Top Tip: Once probate is granted and assets are distributed, disputes generally become more complicated and costly.

2. You’ll Understand Your Legal Position Clearly

Clarity helps you to avoid conflict and focus on the most effective strategy to take a claim forward. We partner with contentious probate solicitor who offer a free, initial assessment when they will:

• Whether you have legal standing.
• The strength of your claim.
• The best route forward such as negotiation, mediation, or litigation.

3. Avoid Procedural Mistakes

Probate disputes involve strict rules, deadlines, and evidential requirements. Missing a deadline, especially under the Inheritance Act 1975 which has a six month deadline, can end your claim before it begins. So, early advice makes sure that you stay on track.

4. Reduce Stress and Family Conflict

A solicitor acts as a buffer, helping manage communication and reduce emotional strain. This is particularly important during the cost of living crisis, when financial anxiety can heighten tensions among family members.

Why You Should Start a Claim as Early as Possible

Starting early can be the difference between a successful claim or a missed opportunity and gives you several advantages:

• Better evidence: memories fade, documents get lost, and digital records can be deleted.
• Stronger negotiation position: early caveats and early claims show you’re serious.
• Lower costs: disputes that drag on become more expensive.
• Protection against estate distribution: once assets are gone, recovery is harder.

FAQs: Evidence to Gather When Starting a Probate Dispute

What evidence helps prove undue influence?

Look for signs of pressure, isolation, sudden changes to the will, or involvement of a beneficiary in the drafting process.

What documents should I collect if I’m challenging capacity?

Medical records, GP notes, hospital reports, and witness statements from friends or carers are crucial.

Can financial records support my probate claim? Y

Yes, bank statements, unexplained withdrawals, or unusual spending patterns can indicate financial abuse or suspicious behaviour.

Should I gather communication records?

Emails, texts, WhatsApp messages, and social media posts can show relationships, intentions, or influence.

Do solicitor notes matter in a probate dispute?

Definitely, attendance notes, drafting instructions, and correspondence often provide key evidence about the deceased’s wishes.

What if the will was homemade?

You may need handwriting analysis, witness statements, and evidence of the deceased’s understanding of the document.

How We Can Help

Contentious probate law can be complex so it’s advisable to contact a solicitor experienced in probate disputes as early as possible.

We partner with contentious probate solicitors and we’ll guide you through every step of your claim.

We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding. For a free, no-obligation consultation:

Call us: 0330 818 0348
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