Last Updated on 19th March 2025
Contested probate solicitor Chris Holten answers the question, ‘What is an inheritance dispute?’
If you need expert guidance on an inheritance dispute then contact us for a free consultation with our highly recommended team of specialist solicitors. Call us on 0333 888 0407 or send an email to [email protected].
‘What is an inheritance dispute?’ An ‘inheritance dispute‘ is a term that describes the position when a legal claim or challenge is made in relation to the estate of someone who has passed away. It includes cases where the legal validity of a Will is being contested, as well as claims made under the Inheritance (Provision for family and Dependants) Act 1975. It also applies to disputes between beneficiaries, executor and trusts disputes, and claims for a beneficial interest, such as proprietary estoppel.
Inheritance disputes involving the legal validity of a Will
There are several different grounds for contesting the validity of a Will. For instance, if the deceased did not have testamentary capacity or they were subjected to undue influence then the legal validity of their Will can be challenged. If the challenge succeeds then the Will is likely to be declared invalid and its provisions will not take effect. Other grounds for challenging the validity of a Will include fraudulent calumny and ‘want of knowledge and approval’. A Will may also be invalid if it fails to comply with the legal formalities of the Wills Act.
Inheritance disputes and the Inheritance (Provision for family and Dependants) Act 1975
The Inheritance Act can be used where the deceased’s Will is valid, but you feel that its terms fail to provide you with adequate financial provision. The Act enables certain classes of people (such as the deceased’s spouse or their children) to challenge the way in which the estate is divided. It effectively gives the courts the power to determine how someone’s estate should be distributed, regardless of what the deceased themselves specified in their Will. Inheritance Act claims can also be made when there is no valid Will and the estate is being distributed in accordance with the intestacy rules.
Executor disputes
It is not uncommon for disputes to arise between co-executors of an estate, or between an executor and a beneficiary.
Our team is experienced in dealing with these disputes. We can deal with formal applications to remove an executor from office, as well as alternative strategies such as issuing a citation or seeking directions from the court.
Proprietary estoppel in inheritance disputes
Proprietary estoppel claims can be made when someone has been promised they will inherit an interest in a property or business, but that promise is broken.
This is particularly common with farming families. A son or daughter works long hours for minimal income in the expectation of inheriting the farm, only for the parents to back on their promise. A proprietary estoppel claim can be made in these circumstances to ensure that the son or daughter doesn’t lose out because of the broken promise.
How we can help with your inheritance dispute
If you are involved in an inheritance dispute and would like to know exactly where you stand legally then you can contact our free legal helpline for a case assessment. Call us on 0333 888 0407 or send an email us at [email protected]