Our specialist inheritance dispute solicitors help families navigate sensitive inheritance issues with both legal precision and cultural understanding.
No win, no fee. There will be no financial risk to you – even if your claim is not successful.
Sadly, when a loved one passes away, treasured assets such as jewellery and gold can become the source of painful and complex inheritance disputes. Our specialist inheritance dispute solicitors help families navigate these sensitive issues with both legal precision and cultural understanding.
Gold holds a unique place, particularly in families with South Asian origins , often forming the foundation of family wealth and cultural identity. It features prominently in:
This emotional and cultural weight makes disputes over gold particularly distressing, especially when questions of ownership or fairness arise after death.
Many individuals sadly pass away without a clear or valid will or clear instructions in a will as to how their assets, including gold, should be distributed after their death. When gold and jewellery are undocumented, disagreements can quickly arise over who is entitled to inherit them.
Gold may have been gifted during a lifetime — for example, as a wedding present — without the rest of the family knowing. After death, this can lead to accusations of theft or concealment, leaving the recipient struggling to prove legitimate ownership.
Gold is portable, easy to store, and sometimes hidden for safekeeping. Discovering a hidden stash of gold jewellery can spark major disputes, particularly if it was stored in someone else’s safe or bank deposit box. Proving rightful ownership can be extremely difficult.
Unequal distribution of gold between sons and daughters often reignites old tensions. Where a will is unclear or promises were made informally, disputes arise — especially if one sibling has already received significant financial gifts in life, while others expect to inherit family gold after death.
Unlike property or bank accounts, gold is rarely accompanied by paper trails. Courts must often rely on receipts, photographs, or witness statements, all of which can be disputed. Meanwhile, the emotional toll of these conflicts can permanently damage family relationships.
Legal action can also be costly — sometimes exceeding the value of the jewellery itself. That’s why early legal advice is essential to contain disputes before they escalate.
In the first instance, the ownership passes to the personal representative of the estate to deal with it as part of the estate administration. If the deceased left a valid will which specifies who should receive the gold, it passes in accordance with the terms of the will. This also assumes that that the estate is solvent – i.e. there is enough money in the estate to pay the estate debts and liabilities. If not, then some/part of the gold/jewellery does not have to be sold to pay debts. If there’s no will, the intestacy rules apply — meaning the closest family members (spouse, children, or parents) usually inherit. There are strict rules around who inherits under intestacy and is related to the value of the estate so in small estates, a spouse may inherit everything including jewellery and gold, even if children had been expected to inherit. Disputes also arise when gold is undocumented or was given away during lifetime.
Act quickly. Make a written record of what’s missing, collate any photos of the missing items, and seek specialist legal advice immediately. A solicitor can help you gather evidence, prevent assets from being sold, and apply for a court order if necessary to recover the gold.
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There is a time limit for bringing Contentious Probate claims. They normally have to be issued at court within 6 months from the date of the grant of probate. You can search online to see whether or not a grant has been issued.
Depending on how complex the deceased’s estate is, a grant of probate could be issued only a few weeks after the deceased’s death so this may not leave a lot of time for someone to make a claim. Therefore you should act quickly and get in touch with legal professionals.
It is possible to bring a claim after the 6 months has expired, but you will need permission from the court to do so. The court looks at the full range of factors, such as the reasons for the delay in making the claim, and what prejudice would be suffered to the estate and any other beneficiary. There is no guarantee that the court would grant permission even if the delay is only a few weeks. Similarly, just because a claim may be brought many years after the grant, it doesn’t mean that permission would be refused.
It will be up to the court to decide, and again depends on the individual facts of the case.
