Losing a loved one is never easy. When disagreements arise over their estate, the emotional impact can be even greater. Questions about the validity of a will, concerns about how an estate is being administered or uncertainty about whether reasonable financial provision has been made can quickly place additional strain on families at an already difficult time.
Whilst many estates are administered without issue, inheritance disputes are becoming increasingly common. Blended families, second marriages, rising property values and more complex financial arrangements mean there are often competing expectations about how an estate should be distributed.
Not every disagreement requires court proceedings. In many cases, obtaining legal advice at an early stage can help clarify the legal position, preserve family relationships and identify opportunities to resolve matters before they escalate.
At Gordons Partnership, we regularly advise clients on a wide range of inheritance disputes, helping individuals understand their rights and work towards practical, proportionate solutions.
An inheritance dispute is a disagreement relating to a deceased person’s estate. These disputes can arise for many different reasons, including:
A will must comply with the legal requirements set out in the Wills Act 1837, including rules relating to execution and witnessing. Every case is different, and understanding the legal basis of the dispute is often the first step towards resolving it.
| Type of dispute | What it may involve |
| Contesting the validity of a will | Concerns about capacity, undue influence, fraud or whether the will was properly executed. |
| Claims for financial provision | A claim that reasonable financial provision has not been made for a dependant or eligible family member. |
| Executor disputes | Concerns about delays, lack of communication or how an estate is being administered. |
| Interpretation of a will | Uncertainty about what a clause means or how assets should be distributed. |
| Ownership disputes | Disagreement over whether assets belong to the estate or another individual. |
Not every concern will result in a legal claim, but understanding the nature of the dispute helps determine the most appropriate course of action.
Claims that a person has not received reasonable financial provision are often brought under the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain categories of applicant to ask the court to consider whether adequate provision has been made from the estate.
People often delay seeking advice because they hope matters will resolve themselves or they are reluctant to create further conflict within the family. However, early legal advice can be particularly valuable where:
What concerns us most is when legal advice is only sought after relationships have completely broken down or important deadlines have passed. Some inheritance claims are subject to strict statutory time limits, meaning delaying advice can affect the options available. Early advice does not necessarily mean starting legal proceedings, it often provides clarity on your rights and the options available.
Yes. In many cases, they can. Whilst court proceedings are sometimes necessary, many inheritance disputes are resolved through:
Alternative dispute resolution can often be quicker, more cost-effective and less stressful than litigation, particularly where family relationships are ongoing. The courts also encourage parties to consider mediation where appropriate before progressing to a final hearing.
One of the biggest misconceptions surrounding inheritance disputes is that there is plenty of time to make a claim. In reality, certain claims are subject to strict legal time limits.
For example, claims under the Inheritance (Provision for Family and Dependants) Act 1975 generally need to be issued within six months of the Grant of Probate being issued, although exceptions can apply in limited circumstances.
Other types of inheritance disputes may be subject to different limitation periods depending on the legal issues involved. For this reason, delaying advice can sometimes affect the options available.
The documents required will depend on the nature of the dispute, but may include:
Gathering information at an early stage can help your solicitor assess the strength of your position and identify the most appropriate strategy.
Inheritance disputes are rarely just about money. They often involve long-standing family relationships, differing expectations and deeply personal circumstances. Allowing disagreements to continue unresolved can increase stress, make communication more difficult and, in some cases, reduce the opportunities for an amicable resolution.
As we discuss in our article The real cost of delaying legal action, seeking advice early often provides more options and may help resolve disputes before positions become entrenched.
Where concerns arise about how an estate is being administered, acting promptly may also help protect estate assets. Depending on the circumstances, legal advice may assist with:
Every situation is different, and obtaining tailored legal advice is often the best way to understand the appropriate next steps.
Gordons Partnership advises individuals, beneficiaries, executors and trustees on a wide range of inheritance disputes.
Our experienced Private Wealth team provides clear, sensitive and practical advice tailored to the circumstances of each case. We understand that inheritance disputes are often emotionally challenging, and we aim wherever possible to resolve matters constructively whilst protecting our clients’ legal interests.
Whether you are concerned about the validity of a will, the administration of an estate or a claim for financial provision, we can help you understand your options and guide you through the process with confidence.
To discuss your circumstances, please contact a member of Gordons Partnership’s Private Wealth team.
