The recent debate around inheritance tax reform, including comments and policy discussions linked to Andy Burnham and the wider question of how wealth is taxed and transferred between generations, has once again brought inheritance into the national spotlight. As a Manchester-based firm, it is particularly interesting to see one of the North’s most prominent political figures helping to shape a conversation that affects families across the country. 

Yet while the headlines focus on tax policy, there is another issue that receives far less attention: inheritance remains one of Britain’s most avoided family topics.

As contentious trusts and probate lawyers, we see the consequences of that reluctance firsthand.

Most inheritance disputes do not begin with a disagreement about tax – they begin with a lack of communication.

The Great British inheritance taboo

Many families find it easier to discuss almost every other aspect of their finances than they do their estate plans.

Parents may have a professionally prepared Will in place, but never explain its contents. Adult children often have assumptions about what will happen to the family home, business or other assets. Siblings may believe they have all been promised the same thing. Frequently, nobody discovers the reality until after death.

By then, it is often too late.

The result is that grief quickly becomes intertwined with uncertainty, suspicion and, in some cases, litigation.

Why this matters more than ever

For many years, inheritance planning was seen as an issue primarily affecting the very wealthy – that is no longer the case.

Rising property values across Manchester and the North West mean that many families have accumulated significant wealth through their homes alone. Increasingly, families are grappling with questions about how that wealth should be passed on and whether everyone should be treated equally.

At the same time, modern families are often more complex than ever before.

Second marriages, stepchildren, cohabiting partners, family businesses and informal promises made over decades can all create fertile ground for disputes when expectations and reality do not align.

The legal issues may be sophisticated. The underlying cause is often remarkably simple: nobody had an open conversation.

The cost of avoiding difficult conversations

The cases that reach the courts frequently follow a familiar pattern.

A parent may have told one child that they would inherit the family home. Another child may have devoted years of their life to caring for an elderly relative in the expectation of receiving a larger share of the estate.

Sometimes a Will has been changed late in life, leaving family members shocked and confused. In other cases, family members believe they have not been provided for adequately.

What these situations often have in common is a gap between expectation and reality – that gap is where disputes thrive.

Prevention is better than litigation

As litigators, we are often instructed once a dispute has already emerged. However, the best outcome is often achieved long before any claim is contemplated.

Families who have honest conversations about their intentions are not immune from disagreement, but they are generally better equipped to avoid misunderstandings that can later develop into formal disputes.

That does not necessarily mean disclosing every financial detail.

It means ensuring that key decisions have been thought through, documented properly and, where appropriate, explained to those who may be affected by them.

Beyond the tax debate

Whether inheritance tax reforms ultimately materialise or not, the current discussion presents an opportunity for families to reflect on their own arrangements.

Andy Burnham’s involvement in the wider debate has helped bring questions of wealth and inheritance back into public consciousness. As lawyers based in Manchester, we welcome that conversation. 

But the most important question for many families is not how much tax may be payable.

It is whether their loved ones understand their wishes.

The inheritance disputes we encounter are rarely caused by a lack of assets. More often, they arise from a lack of clarity.

Inheritance may remain one of Britain’s last great family taboos, but avoiding the conversation rarely makes the issue disappear. In many cases, it simply leaves others to have a far more difficult conversation after it is too late.

How can we help

Whether you are a beneficiary, trustee, executor or family member involved in a dispute, early advice from specialist contentious trusts and probate solicitors can be crucial in assessing your position, protecting your interests and identifying the most effective route to resolution.

To speak to a member of our contentious trusts and probate team, please request a consultation.