September 25, 2026
General
If your knowledge of disputed estates comes mainly from tabloid headlines or television dramas such as Succession and Inheritance Wars, you might assume they invariably involve feuding families and enormous fortunes.
The reality is often much more ordinary.
Disputes can arise because executors disagree, family members have different expectations about what was intended, or the ownership and treatment of particular assets is unclear. And after decades of house price growth, someone does not need to be exceptionally wealthy to leave an estate valuable enough for disagreements to become significant.
For families with property, investments or business interests, this makes succession planning increasingly important.
Inheritance disputes have been rising for some time. Research by legal analytics company Solomonic found that probate claims listed in the High Court in England and Wales had increased more than fivefold over a ten-year period.
Part of the explanation lies in changing family structures. Families increasingly include children, stepchildren and half-siblings from different relationships, while many couples live together and have children without marrying or entering a civil partnership. Expectations about who should inherit do not always match the legal position.
At the same time, family wealth itself has become more complicated.
It is not unusual for someone approaching later life to own a valuable unmortgaged home alongside one or more rental properties, investments or interests in a family business. Property portfolios may have developed gradually over decades, sometimes without the ownership or eventual succession of those assets receiving the same attention as their acquisition.
As portfolios grow, questions can arise over who legally and beneficially owns particular assets, how jointly owned property should pass, what happens to company or partnership interests and whether existing arrangements still reflect the family’s intentions.
People are also increasingly likely to live, work and own assets across more than one country.
Someone may live overseas while retaining UK property, or beneficiaries may be spread across several jurisdictions. This can introduce additional questions around residence, domicile, succession and the interaction between different countries’ tax regimes.
UK property can be particularly important. Living overseas does not necessarily remove UK tax considerations, and inheritance tax and other UK tax consequences may need to be considered alongside the rules applying elsewhere.
These issues are generally much easier to address while there is still an opportunity to review how assets are owned and how they are intended to pass.
Rising property values have also changed the financial significance of inheritance.
Someone who bought a relatively modest family home several decades ago may now leave an estate worth a substantial amount. Add a rental property or small portfolio and the sums involved can become significant without the family necessarily thinking of itself as particularly wealthy.
For younger beneficiaries, an inheritance may also materially affect their ability to purchase a home or achieve longer-term financial security. Where substantial assets are involved, someone who believes they have been treated unfairly may therefore be more willing to question or challenge the arrangements.
Longer life expectancy creates another potential source of difficulty, particularly where questions arise about mental capacity when wills, gifts or ownership arrangements are made or changed later in life.
The growing availability of online and AI-generated wills is also worth watching. A document may appear straightforward in isolation but fail to account properly for complex property ownership, family circumstances or existing tax and succession arrangements.
At BHP, we help individuals and families consider property, tax and succession together.
Tax efficiency is naturally important, but it should not be considered in isolation. How property and other assets are owned today can affect how easily they can be managed, transferred and ultimately inherited.
This becomes particularly important where a family has a property portfolio, jointly owned assets, companies or partnerships, or connections with more than one jurisdiction. Clear documentation and a coherent succession plan can help ensure that arrangements reflect what the family actually intends.
No planning can guarantee that disagreements will never arise. But addressing ownership, tax and succession before they become urgent can remove unnecessary uncertainty and reduce the scope for problems later.
As estates become more valuable and family and ownership structures become more complex, succession planning is no longer something that needs to concern only the exceptionally wealthy.
Bell Howley Perrotton advises individuals and families on the tax and legal issues surrounding property ownership, family wealth and succession planning. Taking advice early can help ensure that arrangements are both tax-efficient and aligned with the family’s longer-term objectives.
Bell Howley Perrotton LLP is a limited liability partnership registered in England and Wales under number OC353525. Registered office: 20-22 Wenlock Road, London, N1 7GU. VAT number: GB 991703492.
BHP Advisory Ltd is a company registered in England and Wales under number 15240401. Registered office: 53 Davies Street, Mayfair, London, W1K 5JH. VAT number: GB 484722859.
