Second marriages spark inheritance battles as disputes double

A growing number of families are finding themselves locked in bitter legal battles over inheritances, with court cases doubling over the past decade as remarriages and complex household structures create new sources of conflict.

Courts now handle roughly twice as many inheritance disputes as they did ten years ago. In 2012, judges heard 80 such cases. By 2017, that number had climbed to 145. By 2021 and 2022, it reached 195. But these figures only tell part of the story. Most inheritance disputes never reach a courtroom, instead playing out through costly negotiations and mediation that can drag on for years.

Background

The surge in inheritance disputes reflects fundamental changes in how people live and form families. Remarriages among older people have increased dramatically. Among men aged 60 and over in England and Wales, the number who remarried in 2022 was 49 percent higher than a decade earlier and 157 percent higher than 20 years earlier. Women in the same age group showed even steeper increases, with remarriage rates up 74 percent in ten years and 299 percent over two decades.

These second marriages and blended families create legal complexity that often catches families unprepared. When an older person remarries, their will typically needs updating to reflect new relationships and priorities. Yet many people either fail to update their wills or do so in ways that create confusion and anger among biological children who feel sidelined.

The aging baby boomer generation is also playing a role. As property values have soared over decades, many older people now hold substantial assets, particularly in real estate. When they pass away, their children and grandchildren suddenly find themselves fighting over inheritances worth far more than they expected. At the same time, the rising cost of living has made inheritance increasingly important to younger generations who struggle to save for retirement on their own.

Dementia and mental decline add another layer of complexity. Data shows that dementia and Alzheimer's disease were leading causes of death in 2022. Family members who feel shortchanged by a will often challenge it by arguing the deceased lacked mental capacity when they signed it or that someone exerted undue influence over them.

Key Details

Why Disputes Are Escalating

Poorly drafted wills are a major source of conflict. Many people write their own wills without legal help, leaving ambiguous language that creates room for disagreement. Others fail to update wills as their circumstances change, leaving documents that no longer reflect their wishes or their family situation.

Spouses are involved in a surprisingly high share of disputes. One study found that 17.1 percent of inheritance disputes involved a spouse, making spouses the second most common source of conflict after children. This reflects the reality that remarriage often pits new spouses against biological children in competition for assets.

"Second marriages and blended family structures add complexity into wills and significantly increase the likelihood of a will being challenged," according to legal specialists tracking the trend.

The situation is particularly acute when one spouse changes their will after the first spouse dies, favoring their own children from a previous relationship rather than splitting assets equally with their deceased spouse's children.

What Triggers Disputes

Research shows that disputes typically arise from a small number of core issues. The main reason families fight is disagreement over who should inherit what, accounting for the vast majority of cases. Asset valuation disputes, where family members disagree about what an estate is worth, account for only 4.8 percent of cases. Will interpretation issues make up 3.6 percent.

Interestingly, family members rarely resolve disputes through discussion or negotiation. Only 2 percent of people in disputes said they resolved the issue through family discussion, and just 1.9 percent reached settlement. Court rulings resolved only 1.5 percent of cases, suggesting most disputes end through other means or simply drag on unresolved.

What This Means

The rising tide of inheritance disputes is expected to continue climbing. Legal experts predict that longer life expectancy, continued increases in remarriage among older people, and the mental capacity issues associated with an aging population will keep driving more families into conflict.

The data suggests that the inheritance disputes reaching courts represent just the beginning. Most families handle their disputes quietly, through lawyers and mediators, but the emotional and financial toll is significant. Disputes can take years to resolve, cost thousands in legal fees, and permanently damage family relationships.

For families facing potential inheritance conflicts, legal experts recommend planning ahead. Updating wills regularly, being clear about intentions, and in some cases using professional mediation can help prevent disputes before they start. The alternative is watching inheritance battles consume the very assets families worked to build.