How to manage Inheritance Disputes: Your Complete Step-by-Step Guide

Inheritance disputes can cause a great deal of distress for families at an already emotionally vulnerable time, potentially leading to unresolved grief and long-standing resentments. Unfortunately, these types of disagreement are becoming more common, due to longer life expectancy, complex modern family structures (blended families), and increased property wealth.

These conflicts can have a negative impact on the mental health of everyone involved, so it’s essential that they’re resolved as quickly as possible. Without legal supervision, inheritance disputes can escalate quickly. Specialist solicitors can help during this difficult time by sympathetically explaining your options and expertly guiding you through the process.

This guide covers everything you need to know about inheritance disputes – including your legal rights, the steps you can take, and reaching a resolution.

What Is an Inheritance Dispute?

An inheritance dispute is a legal claim or challenge – typically by family members, dependants, or beneficiaries – that’s made against the estate of someone who’s died. These disputes usually stem from claims that the will is invalid, unfair, or being managed improperly.

There are various types of dispute, the key ones being:

• Family provision claims, where individuals believe they’ve not been adequately provided for, usually where one person has been favoured over another
• Rights of dependant relatives, including spouses and children who relied on the deceased for financial support
• Joint property ownership conflicts, especially where one person wishes to sell or alter the ownership terms
• Disagreements regarding estate administration, where beneficiaries feel they’ve been kept in the dark or question the executor’s decisions
• Contested validity of the will, due to missing/incorrect information or lack of mental capacity

Inheritance disputes are complex legal matters, with specific procedures to follow and time limits to adhere to. Most claims must be filed within 6 months of the Grant of Probate. Understanding the legal landscape is the first step to a successful resolution – expert solicitors are primed to guide you through each stage of the process.

Common Causes of Inheritance Disputes

There are various reasons for someone disputing their inheritance (or lack of). The most common are:

• Unequal division of assets: Disputes can occur when beneficiaries feel they’ve been unfairly excluded or where the estate plan doesn’t consider differing financial needs between individuals. These disputes are often driven by a lack of communication or perceived unfairness.
• Unexpected late changes to a will: Many or late changes made to a will can often lead to claims against the estate after the will maker’s death. They can also lead to discontent between beneficiaries in the future, as there can be confusion over the deceased’s actual wishes.
• Claims of undue influence: Undue influence is when a person unfairly influences another (typically, vulnerable) person to change their will, often using pressure, manipulation, or coercion. A new partner, carer, or housekeeper, for example, may override a person’s free will, leading to claims of improper influence.
• Lack of mental capacity of the deceased: Claims against the deceased’s estate arise when the person who has died allegedly lacked the mental soundness to understand the consequences of their will. Common grounds for challenges include brain injuries, dementia, and sever cognitive impairment.
• Intestacy disputes: If no will exists when a person dies, the estate is distributed according to intestacy rules. Intestacy guidelines strictly dictate beneficiaries, usually favouring spouses and children, and this can lead to inheritance disputes when people believe they have been treated unfairly.
• Executor misconduct: Disputes regarding executor misconduct happen when there are perceived breaches of the legal duty to properly manage and distribute the deceased’s estate.
• Dependency claims: Individuals who were financially supported by the deceased or left without reasonable provision can claim under the Inheritance Act if they feel they’ve been overlooked. These include children of the deceased (or those treated as children – e.g., stepchildren), spouses, civil partners, cohabitants (of 2+ years), and any person financially looked after by the deceased.

Your Legal Rights in the UK

The Inheritance (Provision for Family and Dependants) Act 1975

The Inheritance (Provision for Family and Dependants) Act is the key piece of legislation for inheritance-related claims. Those who were financially maintained by the deceased can claim for ‘reasonable financial provision’ (‘reasonable’ is determined by the courts), even if they’re excluded by the will or intestacy rules. All claims must be submitted within 6 months of the Grant of Probate.

Testamentary Freedom versus Family Rights

In England and Wales, the law generally gives an individual testamentary freedom, meaning they can pass on their estate to anyone they choose, potentially disinheriting their family. However, if the will fails to financially provide for dependents, spouses, children, etc. the Inheritance (Provision for Family and Dependants) Act allows them to claim reasonable provision, balancing freedom with the needs of the dependents.

Grounds for Contesting a Will

There are various grounds for contesting a will – the most common are discussed below.

Lack of Testamentary Capacity

The person making the will must be of sound mind when they write and sign the document. Dementia, illness, and medication are all factors that can hinder testamentary capacity, and family members and dependents can contest a will if they believe the deceased was mentally compromised.

Undue Influence

‘Overborne free will’ is a legal state where an individual’s capacity for independent, free decision-making has been hindered by coercion, pressure, or isolation. Although difficult to prove, undue influence is grounds for contesting a will.

Lack of Knowledge and Approval

‘Lack of knowledge and approval’ is a common ground for contesting a will and refers to the person not understanding what they signed. Lack of capacity asks whether the person could have understood what they were signing; lack of knowledge asks whether they did understand.

Fraud or Forgery

Less common than other grounds, fraud or forgery claims can be made if there’s expert evidence that proves the will doesn’t reflect the deceased’s true wishes; this process includes document examination and forensics, signature analysis, ink and paper dating, and handwriting comparison.

Improper Execution

For a will to be valid, it mustn’t be in breach of Section 9 of the Wills Act 1837, which mandates that the following criteria are met:

• The will must be signed by the testator (or by someone else in their presence and by their direction)
• The will must be signed in the presence of two independent witnesses, who must attest and sign the will

If these criteria haven’t been met, there is grounds for contest.

Steps to Take If You’re in a Dispute

Step1: Gather all relevant documentation – including the current will, any previous wills, medical records, and correspondence.

Step 2: Enter a caveat at the Probate Registry. A caveat is a legal notice filed to prevent a Grant or Probate or Letters of Administration being granted, typically when there’s a will dispute, pending an investigation. The caveat costs £3 to enter, and lasts for 6 months (renewable).

Step 3: Seek specialist legal advice immediately. Inheritance disputes are complex, time-sensitive matters, and enlisting specialist solicitors can take away much of the stress and uncertainty involved.

Step 4: Attempt to resolve via negotiation or mediation. Mediation is less expensive and typically far quicker than a court case, taking days or weeks, rather than months. It’s also less stressful and combative, with the aim of all parties involved reaching a mutual agreement in a calm and informal setting.

Step 5: Proceed to court if necessary. If litigation is the only option, your solicitor can start proceedings. The court will decide whether the claim or challenge will be upheld.

Steps to Resolve an Inheritance Dispute

There are certain steps you can take to resolve a dispute prior to instigating a court case:

Review the will carefully: Review the will and documentation, ensuring they’re legally valid and contain no errors, inconsistencies, or ambiguities, and also review any previous wills: any sudden unexpected changes can indicate foul play.

Gather relevant evidence: Gather the original will, the contested will, and any previous wills to demonstrate any sudden unexpected intentions. The solicitor’s ‘will file’ is also an essential document, as it contains notes on the meeting, including on instructions, attendees, and capacity.

Medical records will contain information related to mental capacity, and financial records can indicate any uncharacteristic gifts or financial abuse, so are also vital evidence.

Attempt mediation: As previously stated, mediation is cheaper and quicker than litigation, and involves all parties sitting down with an impartial person to reach a resolution. The mediator is not a legal professional and doesn’t make any decisions, rather they steer the conversation towards reaching an amicable outcome.

Seek legal advice early: The legal complexities involved in inheritance disputes mean that enlisting expert help at the early stages is essential for ensuring everything’s done correctly.

How we can help?

An inheritance disputes specialist can use their expertise and experience to explain your options and ensure everything is legally watertight. They can collate paperwork, liaise with the other parties, and correspondent with any other agencies. Ultimately, they can expertly guide you through the process, giving you peace of mind and allowing you to focus on moving forward.