Rise in Will Disputes: Why People in Their 40s and 50s Should Review Their Wills

Why Will Disputes Are Increasing Across the UK

There has been a rise in disputes over estates, with many of the problems linked to outdated Wills or the absence of any will at all. According to research published by the Association of Lifetime Lawyers, eight in ten lawyers say they have seen an increase in contested estates over the past five years.

The Risks of Outdated or Incomplete Wills

The survey, which questioned 2,002 people aged over 30 at the start of the year, suggests that many people in midlife have not put their affairs in order. Among those aged 45 to 54, 45% said they did not have a Will. A further 15% said they had started writing one but had not completed it, while another 15% had not reviewed or updated their will within the last five years.

Nearly half of respondents said they were concerned that an outdated will could lead to disagreements or disputes among family members after their death. One in five said they had considered challenging a Will or inheritance themselves.

A spokesman for the association said making a Will remains one of the most important legal steps people can take.

The cost of putting a will in place now is minor compared to the costs that will be spent if disputes arise as a result of death.

Why DIY Wills Can Create Problems

The spokesman also warned that while do-it-yourself Wills are widely available, a document produced without proper care “is not necessarily going to be good or right or protect you if it’s not done properly”.

How Changing Family Circumstances Can Spark Disputes

Disagreements frequently arise where estates are divided unequally between children, or where family circumstances have changed but a will has not been updated to reflect those changes. Blended families, where partners have children from previous relationships, can also give rise to disputes if the terms of a Will are unclear.

What Happens When Someone Dies Without a Will

Another common source of conflict arises when a person dies without a Will at all. In those cases, the estate must be distributed according to the rules of intestacy, which may not match what the deceased would have wanted. This can leave unmarried partners or stepchildren with no automatic entitlement, increasing the likelihood of disagreement among relatives.

Disputes Over Estate Administration

Disputes can also develop over the administration of the estate itself, including arguments about funeral arrangements, the handling of property, or whether a will accurately reflects the deceased person’s intentions.

How Regular Will Reviews Help Prevent Conflict

Regularly reviewing a Will can help avoid many of these problems. Major life events such as marriage, divorce, the birth of children or grandchildren, or significant changes in finances can all affect how a person may wish their estate to be distributed.

Keeping a will up to date can reduce uncertainty and provide clearer guidance for families at a difficult time.

Reduce the Risk of Will Disputes in Your Family

If reading about the rise in Will disputes has made you reflect on your own arrangements, our private client team can provide calm, practical guidance on creating or updating a Will that reflects your wishes clearly. We regularly support individuals and families across Luton and Berkhamsted with the issues highlighted in this article. Find out more here

About the Author

Lucy is a solicitor in Machins Solicitors’ Private Client team, advising clients on Wills, Powers of Attorney, and Probate matters. She holds a First-Class Honours degree in Law from the University of Liverpool and a Master’s in Law from the University of Law where she received a Distinction. Lucy joined Machins in 2024 and is recognised as a Recommended Lawyer in The Legal 500 2026.