Disputes Over Inheritance: What Are Your Rights and Options?

The death of a loved one is always difficult. When disagreements arise over their estate, the situation can become even more stressful. Whether you’ve been unexpectedly left out of a Will, suspect undue influence, or have concerns about how an estate is being handled, it’s important to understand your rights and the options available to you.

At Franklins Solicitors, our Wills, Trusts and Probate team regularly advises clients on inheritance disputes and contentious probate, helping to protect their interests and resolve matters as smoothly as possible.

If you believe you should have inherited something but have been left out of a Will, you may be able to challenge it or make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

The Act allows certain categories of people to claim reasonable financial provision from an estate:

The court considers various factors when deciding whether to make an award, including your financial needs, the size of the estate and any obligations the deceased had towards you.

Act quickly: claims under the Inheritance Act must usually be made within six months of the grant of probate. If you miss this deadline, you will need the court’s permission to proceed, which is rarely granted.

If you are contesting a Will or believe there’s a risk that an estate will be distributed unfairly, it may be possible to prevent or delay probate.

This is usually done by entering a caveat with the Probate Registry. A caveat temporarily stops the grant of probate from being issued, giving time for legal issues to be investigated. A caveat lasts for six months but can be extended.

However, caveats should not be used lightly or to cause unnecessary delay. They are best reserved for situations where there is a genuine concern about the validity of a Will or entitlement to the estate.

If a grant of probate has already been issued, you can still challenge the Will, but it becomes more complicated as assets may have already been distributed. Acting quickly is essential.

A Will can be challenged if there is evidence of:

The person making the Will must have understood what they were doing, known the extent of their estate, and comprehended who they were choosing to benefit. If they lacked this understanding due to dementia, illness, or other conditions, the Will may be invalid.

If someone pressured or manipulated the deceased into changing their Will, it may be set aside. This is particularly common where vulnerable elderly people are involved, and a new Will unexpectedly benefits a carer or family member to the exclusion of others.

If there are doubts about whether the Will is genuine, or if someone has altered the document, this is a serious matter that can invalidate the entire Will.

A Will must be properly signed and witnessed by two independent witnesses who are present at the same time. If these requirements were not followed, the Will may be invalid.

Not all disputes are about the validity of the Will itself. Sometimes, concerns arise over how executors are managing the estate.

Common issues include:

Beneficiaries have a right to hold executors to account. In serious cases, it may be possible to apply to the court to remove an executor and appoint a replacement.

While court proceedings are sometimes necessary, they can be costly, time-consuming, and damaging to family relationships. Alternative Dispute Resolution (ADR) methods, particularly mediation, can often achieve better outcomes.

Mediation involves a neutral third party helping all sides communicate and find a mutually acceptable solution. It is:

Mediation is particularly effective where the dispute is about fairness rather than legal invalidity. For example, if family members feel the distribution is unequal but the Will is legally valid, mediation can help find a solution that everyone can accept.

Some cases cannot be resolved through negotiation or mediation. Where there is evidence of fraud, forgery, or serious executor misconduct, court proceedings may be the only option.

Our team has extensive experience in contentious probate litigation and will pursue your case robustly when needed.

Whether you need to:

Our specialist solicitors are here to help. At Franklins, we provide clear, compassionate legal advice tailored to your situation, aiming to achieve the best possible outcome – whether through negotiation, mediation, or, if necessary, litigation.

If you’re facing an inheritance dispute, contact our Contentious Probate team today for expert support.