Inheritance disputes between siblings: The legal issues you need to consider.
Inheritance disputes between siblings are common. They are not only highly emotionally charged but they often also involve complex legal issues.
Common probate disputes between brothers and sisters
These disputes can take many forms, including:
- interpretation of wills,
- claims under the Inheritance Act.
- the administration of estates, and
- the distribution of assets.
Disputes can arise from differing views on the intentions of the deceased, a failure of a parent to make reasonable financial provision, the validity of agreements between siblings, and allegations of mismanagement or unfair treatment.
Interpretation of the deceased’s wishes
One of the most frequent issues our team is called upon to resolve are disputes over the interpretation of the deceased’s wishes.
Disagreements between siblings can arise where there is uncertainty about their parents’ intentions for the how their estate should be divided. The position can become particularly complicated where parents have had fluctuating intentions.
Arguments can also develop over transactions involving the siblings’ parents, such as:
- whether money or property was loaned or gifted,
- the misappropriation of assets, and
- the binding nature of agreements made between siblings.
Administration of estates
Another recurring issue in inheritance disputes is the administration of estates, particularly when one sibling acts as an executor. In the 2025 case of Howe v Howe, for example, the claimant alleged that the executor sibling had mismanaged estate funds and failed to provide adequate information about the administration of the estates. Such disputes often involve claims of breach of fiduciary duty and demands for transparency in estate management.
Inheritance (Provision for Family and Dependants) Act disputes between siblings
Inheritance disputes involving siblings frequently involve claims under the Inheritance (Provision for Family and Dependants) Act 1975.
The Inheritance Act allows children (adults and minors) to claim reasonable financial provision from their parent’s estate. Inheritance Act claims often require careful legal analysis and procedural adherence. The courts have wide powers under the Act and can overide the terms of the deceased parent’s will.
Among the factors that need to be taken into account are the claimant’s financial needs and resources and the financial needs and resources of their siblings.
Other contentious probate dispute involving siblings
Other common disputes between siblings include:
- TOLATA claims brought under the Trusts of Land and Appointment of Trustees Act,
- Estoppel cases,
- Paternity disputes, and
- Trusts disputes.
Inheritance disputes between siblings that we have resolved
Our experienced team of Legal 500 recommended inheritance dispute solicitors have an excellent track record of resolving inheritance disputes between siblings.
You will find a range of real-life case studies on this website detailing claims we have successfully resolved. These include:
Sister wins Inheritance Act claim against brother.
Dispute between brother and sister executors
TOLATA claim success for sister against her bother.
We often find that mediation can help warring siblings to achieve a breakthrough in even the most acrimonious and entrenched disputes. The advantage of mediation is that it is cheaper and quicker than court proceedings, but if your opponent is not willing to engage or prepared to deal with matters reasonably ,then our team are highly experienced in commencing proceedings and dealing with contested trials.
Free Consultation
Our SRA regulated ACTAPS lawyers offer a free legal consultation service, and will be happy to offer you guidance on your inheritance dispute.
They will also consider the funding options open to you, including ‘pay at the end’, and No Win, No Fee.
So, contact our five-star rated inheritance dispute solicitors for a free consultation today.