Navigating Modern Inheritance Disputes: Key Cases Shaping Will Claims in 2024-2025
Overview
Disputes over wills and estates continue to grow in number and complexity, often placing families in contentious legal battles. For individuals wondering how to contest a will, or contemplating a potential inheritance claim, understanding recent case law can be invaluable. In this blog, we explore some of the most impactful legal decisions from 2024 and 2025, highlighting what they mean for anyone involved in a will dispute or pursuing a will claim.
Hirachand v Hirachand [2024] UKSC 43
This landmark decision by the UK Supreme Court addressed whether success fees under Conditional Fee Agreements (CFAs) could be included in awards under the Inheritance (Provision for Family and Dependants) Act 1975. The Court ruled that such fees cannot be recovered from the estate as part of a reasonable provision. For claimants asking how to dispute a will, this case underscores the importance of funding strategy in litigation. It also signals a limitation on recoverable costs, especially for those relying on CFAs to pursue an inheritance claim.
Howe v Howe [2025]
This High Court case illustrates that estrangement does not automatically disqualify someone from a successful will claim. An estranged adult child, despite a history of litigation against the estate, was awarded £125,000 based on her health needs and financial situation. This ruling sends a powerful message: when considering how to contest a will, personal history with the deceased does not necessarily override legal entitlements under the 1975 Act.
Duggan v Duggan [2025]
Here, the court reaffirmed principles from the well-known Ilott v Blue Cross case, focusing on adult children asserting claims under the 1975 Act. In evaluating the inheritance claim, the court balanced the size of the estate and the claimant’s financial needs. This decision reinforces key considerations for those initiating a will dispute, particularly when adult children are excluded from a parent’s will.
Oliver v Oliver [2024] EWHC 2289 (Ch)
In this rare and complex case, the will was invalidated on dual grounds: undue influence and lack of testamentary capacity. For anyone exploring how to contest a will, this ruling highlights the evidentiary burdens required to prove both these grounds. It also showcases how dual challenges can be successful when properly substantiated, especially in emotionally charged family dynamics.
Rea v Rea [2024] EWCA Civ 169
This Court of Appeal decision clarified the standard of proof needed to establish undue influence in will disputes. The court determined that the alleged influence must be more probable than any other explanation. This adjustment in the evidential burden is pivotal for claimants seeking how to dispute a will based on coercion or manipulation.
Fennessy v Turner [2023]
Reinforcing the balance between testamentary freedom and statutory obligations, this case saw the court uphold an adult child’s inheritance claim. The ruling emphasized that the testator’s freedom does not trump the statutory duty to make reasonable financial provision. It’s a cornerstone case for anyone seeking to understand how to contest a will when left out unjustly.
Sim v Pimlott [2024]
This case addressed non-contestation clauses—provisions that aim to deter beneficiaries from initiating a will dispute. The court found such clauses cannot override a claimant’s rights under the 1975 Act. For those weighing up how to dispute a will, it offers reassurance that legal rights often supersede strategic deterrents embedded in testamentary documents.
Crew v Oakley [2024]
A case involving a partially torn and externally completed will, Crew v Oakley dealt with ambiguities in will execution. The court’s focus on testamentary intent provides a lesson in how procedural irregularities can lead to a valid will claim. It also serves as a warning to testators and solicitors to ensure clarity in execution.
Man’s Will on Food Packaging [2024]
In one of the more unusual disputes, the High Court upheld the validity of a will written on food packaging. This case demonstrates the legal system’s preference to honor testamentary intent over formality, provided the core legal requirements are met. It’s a significant point for anyone researching how to contest a will on unconventional grounds.
Robert Harrington Case [2024]
This high-profile case featured elements of undue influence and a suspected predatory marriage. Despite establishing undue influence, the carer in question still received a substantial portion of the estate due to intestacy rules. This underscores the intricacies involved in will disputes, especially when formalities around will execution are lacking or contested.
Conclusion
These recent cases illustrate the evolving nature of will disputes and inheritance claims in modern England and Wales. Whether you are an adult child left out of a will, a partner without formal recognition, or simply concerned about suspicious circumstances, knowing how to contest a will is critical.
By studying these precedents, claimants and practitioners alike gain insight into what courts are prioritizing: financial need, intent, legal formalities, and the limits of testamentary freedom. If you are considering a will claim, these cases serve as essential reading to inform your next steps.
For professional advice on how to dispute a will, or to explore your options regarding an inheritance claim, seeking timely legal support is always advised.