Understanding Inheritance Disputes

When someone passes away, their estate is usually administered in accordance with their Will or, when there is no Will, the rules of intestacy. However, disputes can arise, particularly in circumstances where family relationships are complex, expectations differ, and emotions are understandably heightened following a bereavement. Contentious probate and inheritance disputes can add further strain at an already difficult time. 

Understanding how these disputes arise, who can bring a claim, and the options available to resolve them can help reduce stress, avoid unnecessary conflict, and protect the interests of those involved.

Contentious probate is a specific type of inheritance dispute that happens during the probate process. It covers legal disputes relating to the validity of a Will, the administration of an estate, or the distribution of assets after death. Inheritance disputes, however, is the broader umbrella term for any legal disagreement about an estate or inheritance, whether or not probate is involved.

These matters are typically handled by specialist solicitors and, where necessary, through court proceedings. While some disputes do proceed to court, many can be resolved without litigation if they are identified early and approached in the right way.

Probate and inheritance disputes can arise for a variety of reasons. Common examples include: 

• Claims that a Will is invalid due to lack of mental capacity, undue influence, fraud, or improper execution. 
• Allegations that the deceased did not understand or approve the contents of the Will at the time it was signed. 
• Disagreements between beneficiaries regarding inheritance or the distribution of assets. 
• Concerns about the conduct of executors, including delays, mismanagement, or lack of transparency. 
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975, where someone believes they have not been adequately provided for by the deceased 
• Poorly drafted or DIY Wills, 

The right to bring or defend a probate-related claim depends on the nature of the dispute. Beneficiaries, executors, family members, and dependents may all have standing in certain circumstances. A specialist solicitor can assess eligibility, explain the available options, and advise on the most appropriate course of action.

Even where a Will is legally valid, or where there is no Will, it may still be possible to bring a claim if reasonable financial provision has not been made.

To succeed under the Inheritance Act 1975, a claimant must show that they have not been adequately provided for under the Will or the intestacy rules, and that there was a legal or moral obligation for the deceased to make provision for them.

Only certain people are eligible to bring a claim, including:

• A spouse or civil partner.
• A former spouse or civil partner who has not remarried or received a financial settlement.
• A cohabitant who lived with the deceased for at least two years prior to death.
• A child of the deceased, or someone treated as a child of the deceased.
• Anyone who was financially dependent on the deceased immediately before their death.

There is a strict six-month time limit from the date of the grant of probate in which to bring a claim, making early advice essential.

Court action is not always the first or best solution. Many disputes can be resolved through negotiation, mediation, or alternative dispute resolution, which can save time, costs, and emotional strain.

Where court proceedings are required, the process may involve gathering evidence such as medical records, witness statements, correspondence, and expert opinions. In some cases, a caveat may be entered to prevent probate being granted while a dispute is investigated. A solicitor will guide you through each stage, ensuring your position is clearly presented and your interests are protected.

Contentious probate and inheritance disputes are sensitive areas of law that require both legal expertise and a careful, considered approach. Delays or informal action can quickly escalate disputes, increasing costs and causing further strain between those involved. Prompt action can prevent matters from escalating and may preserve estate assets that would otherwise be consumed by legal costs.

Taking early legal advice allows issues to be identified promptly, evidence to be preserved, and a clear strategy to be developed. This approach can prioritise resolution wherever possible and reduce the need for lengthy or costly court proceedings.

If you are involved in a probate or inheritance dispute, wish to bring a claim, or are responding to one, our experts can provide clarity, reassurance, and a clear path forward. Contact Backhouse Solicitors to discuss how we can help protect your position and guide you through the process. 

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