A new relationship can transform a person’s life at any stage. But when that relationship begins later in life, it can also transform expectations around inheritance, family relationships and future plans.

For some families, a parent or loved one entering a new relationship, changing their will or providing financial support to a new partner can raise difficult questions. Were these decisions genuinely made freely, or was the individual vulnerable to pressure or influence?

These situations sit at the heart of many contentious probate disputes, as Azeam Akram, consultant solicitor in the Private Wealth & Tax team, explains.

Challenging the estate plans of someone you love requires a careful balance between protecting vulnerable individuals from exploitation, while respecting every person’s right to make their own choices about their life and their assets.

The importance of testamentary freedom

A fundamental principle of English law is that people are generally free to decide how their assets should be distributed after their death.

A person may choose to leave their estate to family members, a partner, friends, charities or a combination of beneficiaries. The fact that a will does not reflect the expectations of relatives does not, by itself, mean that it is invalid.

For adult children, particularly those who have provided care or support for a parent over many years, a significant change to a will can understandably feel upsetting or unfair. However, inheritance is not an automatic entitlement.

The courts have repeatedly recognised the importance of testamentary freedom. In Ilott v The Blue Cross (formerly Ilott v Mitson) [2017] UKSC 17), the Supreme Court confirmed that individuals generally retain significant freedom over how their estate is distributed, even where those decisions conflict with the expectations of family members.

The question for the courts is not whether a decision was surprising or unpopular, but whether it was legally valid.

When does concern become a legal issue?

A person changing their will after meeting a new partner does not, in itself, indicate wrongdoing.

People’s priorities naturally change throughout their lives. They may wish to provide for someone who has brought them companionship, support and happiness. They may decide that their existing estate plans no longer reflect their wishes.

However, concerns can arise where there are signs that someone’s decision-making may have been compromised.

A will may be challenged where there are questions around whether:

• The person had the required mental capacity to make a will;
• They understood and approved the contents of the document;
• They were subject to undue influence or pressure;
• Another person has taken advantage of their vulnerability.

These issues are often complex because influence can be subtle. It is not always a question of obvious coercion or manipulation. Sometimes the evidence lies in a pattern of behaviour, financial decisions or changes in relationships.

Capacity, vulnerability and later-life decisions

Mental capacity is one of the key considerations in contentious probate disputes.

To make a valid will, a person must understand the nature and effect of the document, the extent of their assets, and the people who might reasonably expect to benefit from their estate.

Importantly, age alone does not determine capacity. Many people remain entirely capable of making important financial and personal decisions well into later life.

Equally, vulnerability does not automatically mean someone lacks the ability to make their own choices.

The law recognises that a person can make decisions that others may disagree with, including decisions that appear financially unwise. The role of the court is not to substitute its own view of what would have been a better decision, but to determine whether the individual’s wishes were genuinely their own.

Protecting against financial abuse

While personal autonomy is fundamental, there are circumstances where intervention may be necessary to protect vulnerable individuals.

Financial abuse can take many forms. Warning signs may include:

• Sudden and unexplained changes to financial arrangements;
• A new individual becoming heavily involved in someone’s finances;
• Isolation from friends or family;
• Significant gifts or transfers that appear out of character;
• Pressure to change legal documents.

The case of Re M, ITW v Z and others [2009] EWHC 2525 (Fam) demonstrated the importance of protecting vulnerable individuals where concerns arise about their ability to manage their affairs. The court authorised the making of a statutory will where appropriate safeguards were needed.

However, it is equally important not to confuse a new relationship or different financial priorities with evidence of exploitation. Genuine relationships can and do develop later in life, and companionship can be an important part of someone’s wellbeing.

The impact on families

Disputes over inheritance are rarely just about money. They often involve grief, loyalty, family history and long-standing expectations.

Children may feel hurt if they believe years of support and care have been overlooked. A new partner may feel unfairly judged or accused of wrongdoing simply because the family dynamic has changed.

For legal advisers, the challenge is to look beyond the emotions and establish the facts.

Was the individual acting independently? Did they receive appropriate advice? Were their wishes consistent with their circumstances and relationships? Or was there evidence that someone else was controlling or manipulating decisions?

Each case turns on its own facts.

Finding the balance between autonomy and protection

Later-life relationships and changing estate plans will continue to create difficult questions as society evolves.

The law must protect individuals from exploitation while preserving one of the most important principles of succession – that people should be free to decide what happens to their assets.

For families, the key is recognising the difference between a decision they disagree with and a decision that was not genuinely the individual’s own. For practitioners, contentious probate disputes require sensitivity, careful investigation and a clear understanding of the legal principles surrounding capacity, influence and testamentary freedom.

Ultimately, the goal is not simply to resolve a dispute over inheritance. It is to ensure that an individual’s wishes are respected, while providing protection where there is genuine evidence of vulnerability or abuse.

If you are concerned about a will, changes to an estate plan or whether a loved one may have been vulnerable to undue influence, early legal advice can help establish the facts and identify the options available.

At Jurit, our contentious probate specialists advise individuals and families on disputes involving wills, estates, capacity and inheritance claims. We combine legal expertise with a sensitive approach, recognising that these matters often involve complex family relationships as well as important legal questions.

Find out more about our contentious probate services or speak to a member of our Private Wealth & Tax team to discuss your circumstances.

Frequently Asked Questions

1. Can a new partner inherit everything from a person’s estate? A person is generally free to leave their estate as they choose, but a will may be challenged in certain circumstances, including where there are concerns about capacity or undue influence.
2. Can children challenge a will if a parent leaves everything to a new partner? Children do not automatically inherit, but they may be able to challenge an estate in certain circumstances depending on the facts.
3. What is undue influence in a will dispute? Undue influence occurs where a person’s wishes are overborne by pressure or improper influence from another individual.