Inheritance disputes are becoming increasingly common in England and Wales. Changes in family structures, rising property values, and complex financial arrangements mean that disagreements over estates are more likely than ever. These disputes are often emotionally charged and can cause lasting damage to family relationships.
Understanding why inheritance disputes arise can help individuals take steps to prevent conflict and protect their wishes.
Common causes of inheritance disputes
Many inheritance disputes arise from unclear or outdated wills. A will that does not reflect current circumstances or that contains ambiguous language can create uncertainty and disagreement among beneficiaries.
Disputes also frequently arise where a person dies without a will. In these cases, the intestacy rules determine who inherits, which may not reflect the deceased’s intentions. This often leads to conflict, particularly in blended families.
Another common cause is perceived unfairness. Beneficiaries may feel that distributions are unequal or unjust, even where the will is legally valid. This is particularly common where one child receives more than another or where a new partner benefits significantly.
Claims under the Inheritance Provision for Family and Dependants Act 1975 are also a major source of disputes. Eligible individuals may argue that the will or intestacy rules failed to make reasonable financial provision for them.
Legal grounds for inheritance disputes
Inheritance disputes generally fall into two categories. Challenges to the validity of a will and claims for reasonable financial provision.
A will may be challenged if the person lacked mental capacity, was subject to undue influence, did not know and approve the contents, or if the will was not executed correctly.
Financial provision claims focus on whether the will or intestacy rules adequately provided for certain individuals, such as spouses, children, or dependants.
Evidence plays a critical role in these disputes. Medical records, witness statements, financial documents, and earlier wills may all be relevant.
Preventing and resolving inheritance disputes
Early planning is the most effective way to reduce the risk of inheritance disputes. Clear, professionally drafted wills that are kept up to date can prevent many problems.
Open communication can also help. Explaining decisions during lifetime may reduce surprise and resentment after death.
When disputes do arise, early legal advice is essential. Alternative dispute resolution methods such as mediation are often effective and are encouraged by the courts.
At Penerely, we advise clients on preventing inheritance disputes and resolving them efficiently when they occur.
If you are concerned about a potential inheritance dispute or are already involved in one, contact Penerely today for clear and compassionate legal support.
