Inheritance Disputes Solicitors

We understand the difficulties that can arise from disputes relating to wills, inheritance and trusts.

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Inheritance Disputes & Contentious Probate Solicitors

No win, no fee. There will be no financial risk to you – even if your claim is not successful.

Our inheritance disputes specialists are here to help

Difficulties can often arise from disputes relating to wills, inheritance and trusts. These types of issues are complicated and can have negative impacts on individuals and their families, mixed with grief and worry after the death of a loved one.

Inheritance, trust and will disputes often involve other family members who get caught up in the process, which makes the situation even more complex. In the meantime, the whole estate or trust in question could be in limbo until the matter has been resolved.

Inheritance and contentious probate litigation

The law surrounding contentious probate disputes is complicated and confusing to an individual, meaning it is difficult for them to work out what rights, if any, they have and what can be done.

It can be very challenging for anyone thinking about bringing a claim or facing the possibility of having to defend one.

What sorts of inheritance disputes can you help with?

We can help with Inheritance Act claims, contesting a will, trust disputes, disputes between powers of attorney or deputies, and disputes regarding executor and administrator roles.

What is an Inheritance Act claim?

Inheritance Act 1975 claims usually concern the inheritance rights of children and other family members, particularly if they haven’t received reasonable financial provision as their inheritance or if they are a family member left out of the will for whatever reason.

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inheritance disputes frequently asked questions

Not everyone who is disappointed about a deceased’s will or the outcome of the intestacy rules can bring a claim under the Inheritance Act. Only certain categories of people are eligible to claim, including spouses or civil partners, ex-spouses, anyone who lived with the deceased in the two years before their death, children and anyone who was being maintained (usually financially) by the deceased before they died.
There is a time limit for bringing Inheritance Act claims. They normally have to be issued at court within six months from the date of the grant of probate. You can search online to see whether or not a grant has been issued. It is possible to bring a claim after the 6 months has expired, but you will need permission from the court to do so. These rules also apply to claims for the rectification of a will.
There is no time limit to challenge a person’s will. They can be challenged even if the executor of the disputed will has got the grant of probate.
Whether you can bring a claim depends on your situation. In England and Wales, you may be able to: (a) challenge the validity of a will; (b) raise concerns about how the estate is being administered; or (c) seek “reasonable financial provision” from the estate under the Inheritance (Provision for Family and Dependants) Act 1975 if you are eligible (for example, a spouse or civil partner, a former spouse or civil partner in certain cases, a qualifying cohabitant who lived with the deceased for the two years before death, a child or someone treated as a child of the family, or someone who was being maintained by the deceased). Most 1975 Act applications must be made within six months of the grant of representation (the court can allow late applications). We can assess your circumstances and advise you on the right route and deadlines.
Many inheritance disputes are resolved through negotiation, mediation or other forms of alternative dispute resolution. Reaching an agreement outside of court can often save time, reduce costs and minimise stress, while helping to preserve family relationships where possible.
The cost of resolving an inheritance dispute will depend on factors such as the complexity of your case, the value of the estate and whether court proceedings are required. We will discuss likely costs with you from the outset and keep you informed throughout your claim. If proceedings are issued, there is a risk of being ordered to pay some of the other side’s costs if you are not successful.  We will explain funding options and manage costs proactively.
Inheritance disputes can arise for many reasons. You may have concerns about the validity of a will, the actions of an executor, the distribution of assets, undue influence, mental capacity or promises that were made before someone died.
The evidence you need will depend on the type of claim you are bringing. For will challenges, capacity is assessed under a long‑established test (did the person understand what a will does, the extent of their assets, and who might expect to benefit, without a disorder of the mind affecting the will), and undue influence requires proof of coercion. For 1975 Act claims, the court considers your needs and resources alongside other factors. Evidence may include documents, witness statements, financial records or medical evidence.
Common inheritance disputes include challenges to the validity of a will, claims for financial provision from a person’s estate, disputes involving executors and trustees, disagreements over estate administration and claims based on promises made during the deceased’s lifetime (often called proprietary estoppel).
Every case is different. If your dispute can be resolved through negotiation or mediation, it may be concluded within a few months. More complex cases involving multiple parties or court proceedings can take considerably longer. Obtaining legal advice from our specialist inheritance dispute solicitors early can often help avoid unnecessary delays.
Potentially. If you are a stepchild, you may be able to bring a claim under the Inheritance Act 1975, particularly if you were being financially maintained by the deceased when they died or you were treated as a child of the family. Most applications must be brought within six months of the grant of representation, and for applicants other than a current spouse or civil partner the court generally focuses on what is reasonable for their maintenance.
This can apply if someone promised you property, land or other assets, you reasonably relied on that promise (for example by working in a family business for low pay or making significant life decisions), and you suffered a detriment. If it would be unfair to go back on the promise, the court can grant a proportionate remedy, which may, but does not have to, match the promise.
Disputes between family members can arise over the meaning of a will, the distribution of assets or the administration of an estate. If you are involved in a disagreement, mediation can often help you reach a resolution. Where this is not possible, court proceedings may be necessary.
Potentially. If you have concerns about a will or believe you may have an inheritance claim, you may be able to enter a caveat with the Probate Registry to prevent a grant being issued while you investigate. A caveat lasts six months and can be renewed by applying in the last month before expiry. A caveat is not appropriate in every case, so please speak to one of our inheritance disputes solicitors before taking action.
If you believe an executor is not carrying out their duties properly, it is important to act promptly. You may wish to gather relevant information, request updates about the estate and seek legal advice. We can help you assess whether to seek an account or directions from the court, or in serious cases removal and replacement of the executor.
Potentially. If an executor has acted improperly, caused significant delays, has a conflict of interest or is failing to administer the estate correctly, you may be able to ask the court to remove them and possibly appoint someone else in their place The court will consider whether removal is in the best interests of the estate and its beneficiaries.
Potentially. If someone promised that you would inherit money, property or other assets, and you relied on that promise to your detriment, you may have grounds to bring a proprietary estoppel claim. For example, if you worked for a family business for many years for little pay or made significant life decisions based on that promise, you may be able to pursue a claim against the estate. Remedies are flexible and aim to be proportionate, and whether your claim succeeds will depend on the evidence available and the circumstances of your case.
Potentially. If gifts were made before someone died, you may be able to challenge them in certain circumstances. This often arises where there are concerns about the person’s mental capacity, undue influence or fraud. If you believe assets being gifted belong to you, urgent steps may be needed to prevent dissipation and seek recovery. Please seek advice promptly.
Undue influence in will cases means coercion—pressure that overbore the person’s free will—when making or changing their will. Ordinary persuasion is not enough, and there is no presumption of undue influence: it must be proved on the facts. If you believe a family member, friend or carer influenced the deceased in this way, you may be able to challenge the validity of the will. These cases can be complex and often require strong evidence.
Yes, potentially. If you believe the person did not have the mental capacity to understand the will when it was made, you may be able to challenge its validity. While conditions such as dementia or Alzheimer’s can affect a person’s ability to make a will, a diagnosis alone does not automatically mean the will is invalid. Each case depends on the individual circumstances. Evidence such as medical records, witness statements of close friends and family and the will drafter’s file may be good evidence to determine whether the deceased understood the nature and effect of the will at the time instructions were given and it was signed. In simple terms, the legal test looks at whether the person understood what a will does, the extent of their assets and who might expect to benefit, without a disorder of the mind affecting the will.
If you were being maintained by the deceased (meaning they made a substantial contribution to your reasonable financial needs), or you are a spouse or civil partner, a former spouse or former civil partner in certain cases, a qualifying cohabitant who lived with the deceased for the two years before death, a child or someone treated as a child of the family, you may be able to bring a claim for “reasonable financial provision” under the Inheritance (Provision for Family and Dependants) Act 1975. For applicants other than a current spouse or civil partner, the court generally focuses on what is reasonable for maintenance. Most applications must be made within six months of the grant of representation.
Yes. If you believe a will is invalid due to lack of capacity or undue influence, you have concerns, about how an estate is being administered or feel there are issues with how assets have been distributed, you may be able to challenge the position. Seeking legal advice at an early stage can help you understand your options, protect your position and avoid unnecessary delays. Our inheritance disputes solicitors can assess your circumstances and guide you through the next steps.

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