When a loved one dies, disagreements about their will or estate can arise quickly and often at the most emotionally difficult time. Many people are unsure of their rights, how inheritance disputes work, and what steps to take if they believe a will is invalid or they have been unfairly left out.
This guide explains the most common types of inheritance and will disputes, how the process works in England and Wales, and when specialist legal advice from a Cheltenham probate litigation/dispute resolution solicitor can make a difference.
What Is an Inheritance or Will Dispute?
An inheritance dispute arises when someone challenges the validity of a will, the way an estate is being administered, or the fairness of the distribution outlined in the will. Disputes usually fall into one of four categories:
1. Disputes over the validity of a will
A will may be challenged if:
- the person who made it lacked mental capacity
- it was signed under pressure or undue influence
- it was not correctly witnessed
- it is suspected to be fraudulent or forged
Invalid wills can often lead to the estate being distributed under the intestacy rules instead.
2. Claims under the Inheritance (Provision for Family and Dependants) Act 1975
Certain people – including spouses, children, cohabiting partners and financial dependants – can claim that the will (or intestacy) does not make “reasonable financial provision” for them. These claims are increasingly common, particularly for unmarried couples or blended families.
3. Executor and administration disputes
Executors must act in the best interests of the beneficiaries and follow the law. Disputes arise when an executor:
- is slow or uncommunicative
- appears to favour some beneficiaries over others
- mishandles assets or fails to keep proper accounts
- refuses to step down when requested
Beneficiaries can apply to remove or replace an executor if necessary.
4. Trust and estate management disputes
Where property is held in trust, disagreements may arise over:
- the interpretation of trust documents
- perceived unfair treatment
- failure to act in line with trustee duties
Clear advice is essential because trust law can be complex.
Who Can Contest a Will in England and Wales?
A will can normally be contested by:
- beneficiaries named in the will
- beneficiaries of an earlier will
- family members or dependants excluded from inheritance or those that do not consider that they have been acknowledged sufficiently under the terms of the will
- people who believe the will is invalid
- creditors making a claim against the estate
In practice, a person must demonstrate a legitimate legal interest – not simply dissatisfaction.
How to Know If You Have Grounds to Challenge a Will
You may have grounds to challenge a will if:
- The will seems suspicious, particularly if it radically differs from earlier versions.
- The person making the will had dementia or was seriously unwell at the time.
- There are concerns about family pressure or coercion.
- The will contains mistakes, inconsistencies or unexplained alterations.
- You were financially dependent on the deceased and left without reasonable provision.
A probate litigation/dispute resolution specialist can review the circumstances and advise on the most appropriate route forward.
How Long Do You Have to Contest a Will?
Time limits vary depending on the type of claim:
- Inheritance Act claims: normally six months from the date probate is granted.
- Challenges to validity: no strict deadline, but delay can make evidence harder to gather.
- Executor disputes: usually brought once probate is underway and concerns become clear.
- Trust disputes: timelines depend on the nature of the claim.
Because some deadlines are short, taking early advice is crucial.
What Evidence Do You Need for a Will or Inheritance Dispute?
Courts and probate registries rely heavily on strong, well-organised evidence. Helpful documents may include:
- medical records and capacity assessments
- solicitor file notes from when the will was drafted
- witness statements from those present at signing
- previous wills
- financial documents showing dependency
- correspondence showing pressure or influence
A probate litigation/dispute resolution solicitor will help gather, preserve and interpret this evidence.
How Are Inheritance Disputes Resolved?
Contrary to expectation, most inheritance disputes are resolved out of court, often through negotiation or mediation.
1. Solicitor-led negotiation
This is the first step in most cases. Solicitors exchange information, set out legal arguments and negotiate a settlement.
2. Mediation
A neutral mediator helps parties reach an agreement without court proceedings. Mediation is usually quicker, more cost-effective, and less adversarial.
3. Court proceedings
If negotiation fails, a claim may proceed to the High Court or a specialist County Court. A judge will consider evidence and decide how the estate should be distributed. Litigation is usually a last resort due to the time and emotional toll it can involve.
How Much Does It Cost to Contest a Will?
Costs vary significantly depending on:
- whether the case settles early
- the complexity of the legal issues
- how much evidence is required
- whether mediation or a court hearing becomes necessary
Many cases are suitable for staged fee arrangements or cost-conscious dispute resolution options. A candid discussion at the outset is essential.
How Long Do Inheritance Disputes Take?
Typical timescales include:
- Early advice and evidence gathering: 2–8 weeks
- Negotiations: 1–6 months
- Mediation: often held within 3–9 months
- Court proceedings: 12–18 months or longer
Your solicitor will design a strategy to keep matters progressing proportionately.
How a Cheltenham Probate Litigation Specialist Can Help
Working with a local probate litigation solicitor offers several benefits:
- Understanding of regional court practice and valuers
- Accessible, face-to-face support during a difficult time
- Clear guidance on your rights and likely outcomes
- Early identification of the most efficient dispute-resolution route
Midwinters’ probate litigation team is experienced in resolving will and inheritance disputes sensitively, pragmatically and with a focus on minimising conflict wherever possible.
When to Seek Legal Advice
You should speak to a solicitor promptly if:
- you believe the will is invalid
- you feel you have been unfairly left out or not bequeathed sufficiently
- you are worried about how an executor is handling the estate
- you need clarity about your rights as a beneficiary
- a dispute is forming and you want to avoid court proceedings
Early advice often prevents disputes escalating unnecessarily.
Conclusion
Will and Inheritance disputes can be highly stressful, but with the right support they can often be resolved constructively and without court action. A Cheltenham-based probate litigation expert can clarify your rights, protect your interests and guide you through each step with confidence.
To speak with John Keddie, one of Midwinters’ dispute specialists, call 01242 514674, or email him at john.keddie@midwinters.co.uk
