The landscape of Wills and Probate in the England & Wales has seen several significant changes and challenges recently, affecting families, legal professionals, and the broader estate planning process. Below, we summarise the key trends and issues:
1. Legal reforms and challenges
A growing concern over “predatory marriages” has highlighted the vulnerability of elderly individuals, especially those with dementia. These situations often lead to the automatic revocation of existing wills, sparking calls for legal reforms to safeguard against such exploitation.
Additionally, probate delays remain a pressing issue. Families are facing wait times of up to a year to obtain grants of probate due to administrative backlogs and changes in inheritance tax rules. These delays can leave grieving families in financial limbo.
2. Rise in inheritance disputes
Inheritance disputes are on the rise, often leading to bitter and prolonged legal battles. For instance, a high-profile case involving a torn-up will and an £800,000 inheritance underscores the emotional and financial toll these disputes can take on families.
3. Inheritance tax (IHT) changes
Upcoming changes to inheritance tax rules will include pensions within IHT calculations from 2027. While this may not directly increase tax liability for many, it is expected to complicate the probate process, adding further delays and administrative burdens for families.
These developments highlight the evolving nature of wills and probate in the UK. Whether you are planning your estate or navigating the probate process, staying informed about these changes is essential to ensure a smoother experience.
If you need assistance with wills, probate, or estate planning, our team of experts is here to help. Contact us today to discuss your needs.