Specialist Lawyer Says Silence Can Lead To Serious Consequences

A new survey by Irwin Mitchell which says less than a third of parents over the age of 55 discuss inheritance with their children, has led a specialist lawyer at the firm to call for greater openness within families on the issue - or risk costly disputes in the future.

According to the YouGov survey of 2,000 UK adults, 8% of respondents say that the expect to receive an inheritance in the next five years.

Although the survey highlights women to be twice as likely as men to have conversations about inheritance, it reveals widespread unwillingness amongst individuals to talk to family members about what will happen to their estate when they die.

According to Paula Myers, at Irwin Mitchell, the lack of communication is a primary cause of disputes related to wills.

Expert Opinion

“Too often, people assume their loved ones understand their wishes—but our experience shows that silence can lead to serious consequences. When expectations don’t match reality, families can find themselves in conflict.

“Open, honest conversations are the best way to avoid disputes and ensure that everyone is on the same page. According to these results, this isn’t happening, and I think it is likely we will see more disputes.

“There is legislation permitting certain individuals—such as spouses, children, or dependants—to legally contest an estate if they believe they have been unfairly excluded or inadequately provided for. These disputes can be both emotionally and financially taxing, often stemming from a lack of clarity and communication during the individual's lifetime.

“The emotional distress caused by these disputes can be profound, leading to strained relationships, heightened tensions, and long-lasting impacts on family dynamics. It is crucial to address these issues proactively to minimise the emotional toll on all involved.” Paula, Irwin Mitchell’s National Head of Will Trust & Estate Disputes,

Key findings include:

• 47% say they haven’t discussed inheritance with anyone in the last 12 months.

• 30% of individuals over the age of 55 have discussed inheritance with their children.

• 8% expect to receive an inheritance within the next 5 years

• Women more likely to discuss with children – 19% vs 10% of males.

• People are generally more likely to discuss inheritance with their mother than their father. For those aged 35-54, 20% speak to their mother, while 13% speak to their father.

• Divorced individuals are significantly more likely to have discussed inheritance with their children, with 28% of separated or divorced people engaging in these conversations compared to an average of 15%.

• Widowed individuals are the most likely to speak to their children about inheritance, with 45% having had these discussions.

• 4% have been involved in a legal dispute regarding a will, trust, or estate.

The results from the survey also revealed significant misconceptions about the legal requirements for a will to be recognised under UK law, with only half (48%) of respondents being aware that to be valid, the will must be signed, and that signature must be witnessed by two non-beneficiaries.