Family life looks very different today than it did even a generation ago. Second marriages, blended families, long-term cohabitation and periods of estrangement are now common. Yet many wills still reflect a much simpler family structure.
When a will no longer matches the reality of the family left behind, problems can arise. Disputes often do not stem from bad intentions, but from documents that were never updated to reflect changing circumstances. At a time when emotions are already heightened, misunderstandings can quickly turn into formal probate disputes.
This article looks at why modern family arrangements are particularly vulnerable to inheritance issues, what the law can and cannot resolve, and when it may be sensible to take legal advice.
Why modern families are more vulnerable to probate disputes
Many older wills were drafted on the assumption of one marriage, shared children and clear lines of inheritance. Modern families are rarely that straightforward.
Disputes are more likely where there is:
- A second or later marriage
- Children from previous relationships
- Stepchildren who were never formally adopted
- Long-term partners who never married
- Estrangement or changing family relationships
- Informal promises that were never written down
If a will does not deal clearly with these situations, different expectations can develop among family members, increasing the risk of disagreement.
Common situations that lead to conflict
Leaving everything to a surviving spouse
It is common for wills to leave the entire estate to a spouse. Difficulties can arise where the deceased also had children from an earlier relationship, particularly if those children expected to inherit at least part of the estate.
Stepchildren left out
Stepchildren have no automatic right to inherit. Unless they are named in the will or qualify as financial dependants, they may receive nothing, even where family relationships were close.
Outdated or homemade wills
Wills that have not been reviewed for many years may not reflect divorce, remarriage or new family arrangements. Homemade wills are especially prone to ambiguity and challenge.
Reliance on informal wishes
Statements such as “they knew what I wanted” carry no legal weight. Verbal assurances or informal notes do not replace a properly drafted will.
What the law can and cannot do
A will that feels unfair is not necessarily invalid. The law draws a distinction between:
- Challenges to the validity of a will, and
- Claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975
Each has strict legal tests, time limits and evidential requirements. Understanding which route, if any, is available is key before taking action.
Managing expectations and outcomes
Disputes involving modern families are often resolved through negotiation or mediation rather than court proceedings. Early advice can help manage expectations, assess the strength of any claim, limit costs and explore practical solutions before matters escalate.
When should legal advice be considered?
It may be sensible to seek advice where a will no longer reflects family reality, a beneficiary has been unexpectedly excluded, or discussions between family members have stalled or become difficult.
Final thoughts
Modern families are not the problem. Outdated wills are. Addressing the legal position early can reduce uncertainty, prevent unnecessary conflict and help families reach a fair and workable outcome.
Our team can help guide you through your duties and responsibilities. If a matter is becoming contentious or disputes are emerging, early advice can help protect both you and the estate.
If you would like to speak to someone, please contact Claire Binyon for non-contentious probate advice or to update a will, or Stephen Bottomley where a dispute may be developing.
About the Author
Stephen Bottomley
Partner
Tel: 07353 003570