Inheritance disputes are becoming increasingly common across the UK. Courts are seeing more cases where family members challenge a will, question the actions of executors, or argue they have been unfairly left out of an estate.
For many families, the death of a loved one can unfortunately lead to disagreements about money, property and what the deceased really intended. With property values rising and family structures becoming more complex, contesting a will or making a probate claim is now more common than ever before.
In this article, we explain why inheritance disputes are increasing, who can challenge a will, and what steps to take if you believe you have been treated unfairly.
Why Are Inheritance Disputes Increasing in the UK?
There are several reasons why more families are becoming involved in probate disputes and will challenges.
Modern family life is often more complex than in previous generations, which can create uncertainty when estates are distributed.
Some of the main reasons for the rise in inheritance disputes include:
- Blended families and second marriages, where children from previous relationships may feel excluded from an estate
- Rising property values, meaning estates are worth significantly more than in the past
- Homemade or poorly drafted wills, which can create confusion about the deceased’s intentions
- Greater awareness of legal rights, particularly under the Inheritance (Provision for Family and Dependants) Act 1975
- Family disagreements or strained relationships, which can lead to disputes after someone passes away
With estates increasingly including valuable assets such as property, pensions and savings, it is understandable that beneficiaries may question how an estate is handled.
What Are the Most Common Types of Inheritance Disputes?
Not all probate disputes involve challenging the validity of a will. In many cases, disagreements arise over how the estate is managed or distributed.
- Some of the most common types of inheritance disputes include:
- Contesting a will because it is believed to be invalid
- Claims for reasonable financial provision under the Inheritance Act 1975
- Disputes involving executors, including delays or concerns about how the estate is being administered
- Undue influence claims, where someone may have pressured the deceased into changing their will
- Concerns about mental capacity, particularly where a will was made late in life or during illness
These types of disputes can often be emotionally charged, especially when close family members are involved.
Who Can Contest a Will in the UK?
Many people believe that only spouses can challenge a will, but the law allows several categories of people to bring a claim.
Under the Inheritance (Provision for Family and Dependants) Act 1975, the following individuals may be able to make a claim if they have not received reasonable financial provision:
- A spouse or civil partner of the deceased
- A former spouse or civil partner who has not remarried
- A cohabiting partner who lived with the deceased for at least two years before death
- A child of the deceased, including adult children
- Someone treated as a child of the family, such as a stepchild
- A financial dependant of the deceased
Each case is different, and the court will consider factors such as financial needs, the size of the estate and the relationship with the deceased.
What Is the Process for Contesting a Will?
If you believe you have been unfairly left out of a will, or you are concerned about how an estate is being handled, it is important to understand the legal process.
The typical steps involved in an inheritance dispute may include:
- Seeking legal advice to understand whether you have grounds for a claim
- Investigating the circumstances of the will, including medical evidence and witness statements
- Entering negotiations or mediation with the other parties involved
- Issuing a court claim if the dispute cannot be resolved through negotiation
Many inheritance disputes are resolved through negotiation or mediation without the need for a full court hearing. Early legal advice can help clarify your position and potentially avoid lengthy litigation.
Time Limits for Inheritance Claims
Time limits are extremely important in probate disputes.
If you wish to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, you generally have six months from the date probate is granted to issue your claim.
In some circumstances the court may allow a claim outside this timeframe, but this is not guaranteed. Acting quickly is therefore crucial.
Seek Legal Advice Early
Inheritance disputes can be complex and emotionally difficult. If you believe you have been unfairly left out of a will, or if you have concerns about how a loved one’s estate is being managed by executors, it is important to seek legal advice as early as possible.
Early advice can help you understand your legal rights, assess whether you have a valid claim, and explore options for resolving the dispute.
If you are facing an inheritance dispute, probate dispute or need advice on contesting a will, our experienced litigation team can guide you through the process and help protect your interests.
