Understanding and resolving inheritance disputes

In the UK, there has been a noticeable increase in inheritance disputes. Attributed to rises in second marriages and blended families, coupled with the escalating value of estates, more people are becoming caught up in emotionally distressing disagreements after a loved one has passed away. From concerns about unfair bequeaths to issues of undue influence, these common disputes can create divides in families and lead to long, costly legal battles.

This month’s blog discusses potential issues related to inheritance disputes, the legal options available for resolution, and steps to safeguard your family’s legacy and prevent it from becoming a source of conflict.

What is an inheritance dispute?

Inheritance disputes occur when there is a disagreement regarding a deceased person’s estate and how it is distributed. These disputes can take various forms, including:

• If there are concerns that the person making the will may have lacked mental capacity, was coerced, or failed to follow legal formalities required for the will to be valid.
• Individuals, including spouses, children, and dependents, can claim reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe that the will or intestacy rules do not adequately provide for them.
• Disputes between beneficiaries can arise when concerns are raised about the interpretation of the will or the actions of executors or trustees.
• Disputes may arise over intestacy, where there is no valid will.

Common grounds for contesting a will

Inheritance disputes are often made around one or more of the following legal grounds:

1. Testamentary capacity
2. Undue influence
3. Incomplete execution
4. Fraud or forgery

How to avoid inheritance disputes

It is important to take steps to prevent inheritance disputes from causing concerns within families. Below are some steps you can take to minimise the risk of conflicts:

• Using a solicitor to draft your will ensure that it complies with the necessary legal standards and will reduce the likelihood of any challenges.
• Disputes can stem from uncertainties in the testator’s wishes. Open communication with beneficiaries can help prevent any misunderstandings.
• By including a letter of wishes, you can further clarify your reasons for specific decisions, such as why one beneficiary might receive more than another.
• Marriage, divorce, or the birth of a child can impact the validity of your will; regular reviews are important to ensure that your will reflects your current circumstances.

What to do if you’re facing an inheritance dispute

Speaking to an experienced solicitor is essential for an inheritance dispute. There are time limits for inheritance claims, and delays could lead to you being unable to make a claim.

A solicitor can help you to understand the process and what other options are available to you. If you are involved in an inheritance dispute or looking to protect your estate, please get in touch with our team. We offer specific advice to help support you through the process.