Property inheritance dispute statistics 2025

Inheritance disputes have become an increasingly prevalent issue in the UK, reflecting evolving family dynamics, rising house values, and complex legislative changes. As we enter 2025, the statistics surrounding property inheritance disputes highlight a growing trend that affects thousands of families each year.

From contested probate cases to disagreements over agricultural land, the factors driving these disputes are diverse. Changes introduced in the Autumn Budget 2024, such as the freeze on Inheritance Tax thresholds and new caps on agricultural and business property reliefs, have further complicated the landscape, fueling conflicts among beneficiaries.

On this page, we will cover the latest statistics and trends shaping property inheritance disputes.

What are the latest statistics on property inheritance disputes?

In 2024, property inheritance disputes in the UK have continued to rise, reflecting a growing trend over recent years.

• In 2023, there were 122 contested probate cases, up from 116 in 2022.

• The Chancery Division of the High Court handled 195 claims under the Inheritance (Provision for Family and Dependants) Act in 2022, an increase from 165 in 2021.

• Estimates suggest that up to 10,000 people in England and Wales dispute wills each year, with the majority of cases being settled out of court.

• Solicitors report their workload on inheritance disputes has doubled in the last three to four years.

How have inheritance disputes changed in recent years?

Inheritance disputes have steadily increased over the past decade. In 2019, the High Court heard 188 inheritance dispute cases, a 47% rise from 2018. By 2023, contested probate cases had reached 122, up from 116 in 2022. These figures represent only a fraction of disputes, as many are settled out of court.

What does the Autumn Budget mean for Inheritance disputes?

The Autumn Budget 2024 introduced significant changes to Inheritance Tax, which may impact inheritance disputes:

• Inheritance Tax threshold freeze: The Inheritance Tax nil-rate band remains at £325,000, extended until 2030.

• Taxation of inherited pensions: From April 2027, inherited pensions will be subject to Inheritance Tax, potentially increasing the taxable value of estates.

• Agricultural and Business property reliefs: Starting April 2026, 100% relief on agricultural and business property is capped at £1 million; assets above this are taxed at 20%.

These changes could lead to more disputes as beneficiaries navigate the new tax landscape and potential reductions in their inheritances.

What are the most common reasons for property inheritance disputes?

Property inheritance disputes in the UK arise from various different factors, each contributing differently to the overall number of cases. According to Dutton Gregory Solicitors, here are the most common reasons for property inheritance disputes:

• 33.6% due to inheritance laws.

• 31.3% are caused by legal issues.

• 22.4% from trust related issues.

• 4.8% from valuation of assets.

• 3.6% from will interpretation.

• 1.5% from financial concerns.

• 0.9% from emotional distress and family dynamics.

Here is an explanation of some other common reasons for property inheritance disputes:

How often do families fight over inheritance?

Inheritance disputes are an increasingly common issue in England and Wales, driven by the complexities of modern family dynamics and the significant financial value tied to estates. These disputes not only highlight the emotional tensions that arise during probate but also emphasise the growing importance of clear estate planning.

It is estimated that up to 10,000 people contest annually in England and Wales. To put this into perspective, 113,490 grants of probate were issued in 2023, meaning that over 8% of all wills are contested. This shows how frequently families encounter disagreements over inheritance, despite the probate process being designed to ensure clarity and fairness in asset distribution.

The reasons behind these disputes are varied. They often stem from ambiguous or outdated wills, disagreements among beneficiaries over perceived inequities, or complicated family structures, such as blended families or second marriages. These dynamics can create heightened tensions and increase the likelihood of conflicts.

According to a survey by IBB Law, the most common disputes involve a father’s will (11%), while only 7% involve a mother’s will. For those who did not personally dispute a will but were aware of disputes, 45% reported that the challenger was a relative, with 49% of disputes involving siblings, making them the most likely source of conflicts.

Further data from Dutton Gregory Solicitors reveals that:

• 49.5% of disputes are between siblings.

• 17.1% involve spouses.

• 7.3% concern nieces and only 0.2% nephews.

• Other family members involved include aunts (6.9%, uncles (4%), parents (5%), grandparents (4.3%), children (2.9%), and cousins (2.6%).

Is there a gender divide?

Gender also plays a role in inheritance disputes. Men are 11% more likely to be involved in inheritance disputes compared to women, and they are also more likely to be involved in multiple disputes. 

Interestingly, men on average inherit more than women, but this does not deter them from contesting wills. In fact, 27% of male claimants challenge wills based on the inheritance they expected to receive, compared to 23% of female claimants.

Men are also more likely to serve as executors, with 70% of male participants assuming the role compared to 64% of female participants. This higher involvement may partially explain their increased likelihood of engaging in disputes.

How do executor roles influence disputes?

Executor related issues are one of the leading causes of inheritance disputes, according to Dutton Gregory Solicitors:

• 31.2% of disputes are about executor issues, making this the most common cause of contention.

• 25.6% involve trust disputes.

• 19.8% arise from will disputes.

Executors play an important role in managing and distributing the estate, the disagreements over their decisions can quickly escalate. Challenges often arise when beneficiaries feel the executor is acting improperly, failing to communicate transparently, or not following their fiduciary responsibilities.

Are certain types of properties more prone to disputes?

High value properties, family homes, and agricultural land are especially susceptible to disputes. Changes in tax reliefs, such as the new changes to APR, affecting agricultural property, can lead to increased disputes. 

For instance, the Brown family’s £8.3 million farm faces potential division due to new inheritance tax rules imposing a £1 million tax bill, threatening the continuation of their family farming heritage.

Who else disputes inheritance?

While the majority of inheritance disputes involve family members, surprising trends have emerged regarding claimants outside the family circle. According to a survey by IBB Law, 33% of disputes were initiated by colleagues and 22% by neighbours, highlighting a notable involvement of non-relatives in inheritance conflicts.

This finding is unexpected and contrasts sharply with the experiences of many legal professions in the field of contentious probate. Cases involving colleagues as claimants are considered rare; however, the survey data indicates that such disputes may be more common than previously assumed.

Data from Dutton Gregory Solicitors further sheds light on the age demographics of those initiating disputes:

• 30.3% of disputes are initiated by individuals aged 65 and over.

• The 45-54 age group accounts for 21.9% of disputes.

• Those aged 55-64 contribute to 20.1% of disputes.

• The 35-44 age group is responsible for 12.2% of disputes.

• Individuals under 25 make up 11.5% of disputes.

• The 25-34 age group accounts for the smallest percentage, at 4.2%.

These statistics indicate that disputes are most prevalent among older individuals, particularly those aged 65 and over, likely due to their proximity to estate planning, retirement and the distribution of inherited assets. The lower rates among younger age groups may reflect their relatively limited exposure to inheritance scenarios.

How much do legal fees for disputes typically cost?

Consultations with solicitors usually range from £250 to £500 per hour, depending on the firm's reputation and location. Engaging in court proceedings can escalate costs substantially. It’s not uncommon for legal fees to reach between £50,000 and £100,000, especially in complicated cases. Some high profile disputes have incurred costs exceeding £200,000.

Opting for mediation can be more economical, with sessions costing between £1,000 and £5,000 per day. The total expense depends on the number of sessions required and the mediator's rates. 

How long do property inheritance disputes usually last?

Many inheritance disputes are resolved through negotiation or mediation, often concluding within 6 to 12 months. This timeframe allows for discussions and agreements without formal court involvement.

Disputes that proceed to court can extend significantly longer. The process, from filing a claim to receiving a judgment, usually spans 12 to 24 months. However, complex cases or those involving appeals can prolong the timeline further.

What is the average timeline for resolving disputes?

Mediation can lead to resolutions within a few months. Many disputes settle on the day of mediation or shortly thereafter, as parties may need additional time to consider the terms.

Litigation on the other hand, can extend from several months to over a year. A case from start to finish could take up to 18 months or even longer, depending on its complexity and the court’s schedule.

Property Inheritance trends

Inheritance property sales are a significant portion of the housing market. Over the last year, 930 homeowners who approached The Property Buying Company with the intention to sell were looking to sell an inherited property. Out of more than 20,000 people looking to sell their homes with us, this means 4.5% of total home sellers were dealing with inherited homes.