Inheritance disputes are on the rise: How to protect your loved ones

Inheritance disputes are on the rise, with more than 1 in 5 UK adults saying they would consider challenging a will or inheritance if they felt it was unfair or did not reflect the deceased’s intentions.

So, what can you do to make sure your loved ones won’t have to face disputes in the future? Whilst every situation is unique, there are a few things everyone can do to ensure you and your family are best prepared for the future.

Write a will

Nearly half of people in the UK state they’re worried an outdated or missing will could cause disputes among their family. And yet, 48% of people do not have a will in place.

If you’re one of them, it’s time to take action now. Without a will, your family could be left exposed to uncertainty, disagreement and, increasingly, formal legal disputes. Not having a will in place is actually one of the main reasons for inheritance disputes, according to the latest research conducted by The Association of Lifetime Lawyers.

Update your will

Your will should be treated as a living document – evolving as your life changes. So, if your circumstances are changing, you should consider updating this legal document to make sure you’re still protecting the people you care about and avoid legal disagreements.

It’s best practice to review your will every five years or after major life events such as getting married, becoming a grandparent, changes in your financial situation or starting a business, a death in your family, or if you or one of your beneficiaries has obtained a Gender Recognition Certificate.

Communicate your wishes and have difficult conversations

Planning for the future sometimes means facing difficult topics. But we’d recommend having those conversations before it’s too late to make sure your wishes are heard.

Letting your loved ones know about your wishes not only provides them with peace of mind for things such as funeral plans, but it will also help them to know what to expect. That way, things you’ve outlined in your will won’t come as a surprise to them.

Take action now

If it’s been a while since you last looked at your will – or you don’t have one yet – now is the time to take action.

At Browell Smith & Co, our Accredited Lifetime Lawyers offer specialist expertise in later-life legal matters. We can help you and your family put clear, legally robust plans in place to help ease your mind and avoid inheritance disputes in the future.

If you’re concerned about inheritance disputes, are looking for advice on setting up or updating your will, contact our team today!

Taking control of your future: The importance of Lasting Powers of Attorney

Lasting Powers of Attorney (LPAs) allow you to appoint someone you trust to make decisions on your behalf if you are no longer able to do so.

While many people assume this is something to think about later in life, the reality is that loss of capacity can happen at any time, whether through unexpected illness, injury, or a longer-term diagnosis. Putting LPAs in place sooner rather than later ensures your wishes are protected and avoids unnecessary stress for your loved ones.

If you lose capacity to make decisions and don’t already have LPAs in place, your loved ones may need to apply to the Court of Protection for authority to act on your behalf, which can be costly, time-consuming, and may limit control over decisions about your finances and care. Putting LPAs in place now means there is no delay when help is needed.

How do LPAs work?

There are two types of LPA: one covering financial decisions and the other health and care decisions, and you can choose to make one or both.

Property and financial affairs LPA

This type of LPA allows your attorney(s) to manage your finances, including paying bills, handling bank accounts, and dealing with property.

It must be registered with the Office of the Public Guardian (OPG) before it can be used, and registration can take time. By setting this up early, you avoid delays at a point when urgent decisions may be needed.

Once registered, it can be used with your consent while you still have capacity, or if you lose capacity in the future.

Health and welfare LPA

This LPA covers decisions about your care, medical treatment (including life sustaining treatment if you chose to include this), and day-to-day wellbeing, such as where you live and your daily routine.

Again, this type of LPA must be registered with the OPG but it can only be used if you are unable to make these types of decisions yourself. Having it in place early ensures that, if the unexpected happens, someone you trust is ready to step in immediately.

Who can you appoint as your attorney?

Your attorney should be someone you trust to act in your best interests. This could be a family member, friend, or a professional such as a lawyer.
You can appoint more than one attorney and decide how they work together. Choosing the right person or people early, and talking to them about your wishes, means they are prepared and understand your values and preferences if they ever need to act.

When can the attorney act?

An LPA must be registered before it can be used.

Property and financial affairs LPA: can be used with your consent or if you lose capacity

Health and welfare LPA: only used if you lack capacity

You may have capacity to make decisions about some matters and not others.

Attorneys must always act in your best interests and follow legal principles. The OPG provides guidance for attorneys acting under LPAs: https://www.gov.uk/government/publications/how-to-be-an-attorney.

Can you change your mind once the LPA is in place?

Yes. As long as you have capacity, you can cancel your LPAs or make new ones at any time.

You can also appoint replacement attorneys to step in if your original choice is unable to act. Planning ahead in this way adds an extra layer of security.

Putting LPAs in place early is one of the simplest and most effective ways to protect yourself and your loved ones. Waiting until they are needed may be too late.

Contact our Wills & Probate team today to ensure you receive expert, regulated advice tailored to your individual circumstances.

Is your will still right for you?

This Update Your Will Week (2nd – 8th March 2026), we are proud to support The Association of Lifetime Lawyers in raising awareness about the importance of both making a will, as well as keeping your will up to date if personal circumstances change. A will is far more than just a legal document. It captures your wishes, protects your loved ones, and safeguards the legacy you want to leave behind.

Modern families are changing rapidly, and people often wrongly assume that their loved ones will be automatically taken care of. However, without clear and legally valid instructions, families and partners can face uncertainty, distress, and even costly disputes – often discovering too late that assumptions do not provide protection under the law and can have serious consequences.

Why updating your will matters

Your will ensures that your money, property, and personal possessions pass to the people you choose. If you have children under the age of 18, you can also appoint legal guardians in your will. And if you have pets, you can decide who will look after them after your passing. But when did you last review yours?

If your will is not up to date or you don’t have a will

• Your estate may be distributed under the intestacy rules, which might not reflect your wishes or your family’s needs.
• Loved ones could face unnecessary stress, delays, or legal disagreements at an already difficult time.

Your will should be treated as a living document – evolving as your circumstances change. Regular reviews aren’t a luxury; they’re an essential part of protecting the people you care about.

When should you update your will?

It’s best practice to review your will every five years or after any major life event, such as:

• Getting married or entering a civil partnership
• Getting divorced or dissolving a civil partnership
• Becoming a parent or grandparent
• Buying a home or changing your financial situation
• Losing a loved one
• Starting a business
• You or a beneficiary obtaining a Gender Recognition Certificate

Need to make or update your will?

If it’s been a while since you last looked at your will – or you don’t have one yet – now is the time to take action.

At Browell Smith & Co our Accredited Lifetime Lawyers offer specialist expertise in later-life legal matters. We can help families put clear, legally robust arrangements in place that reflect real lives.

We aim to provide personalised support with care, empathy, and attention to detail, ensuring your wishes are clearly documented and legally protected. Don’t wait until it’s too late, ensure your future wishes are in place today.

If you need to make or update your will, contact our team for expert advice.