Inheritance and Will Disputes: Free Consultation

Last Updated on 10th March 2025

Our guide to inheritance and will disputes

For expert guidance on inheritance and will disputes contact our specialist solicitors for a free consultation. Call us on 0333 888 0407 or send an email to [email protected].

Inheritance and will disputes arise 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 contested, claims made under the Inheritance (Provision for family and Dependants) Act 1975, executor disputes, trust disputes, claims for a beneficial interest (such as proprietary estoppel), and rectification of mistakes in a will. We will look at each of these in turn:

Will disputes

Will disputes occur when an allegation is made that a will is legally invalid. There are various grounds for challenging the validity of a will. One of the most common is where it is alleged that the maker of a will did not have mental capacity. Other popular grounds are undue influence, ‘want of knowledge and approval’, fraudulent calumny, forgery, and failure to comply with the Wills Act.

If the challenge is successful then the will is likely to be declared invalid and its provisions will not take effect.

Inheritance Act claims

The Inheritance (Provision for family and Dependants) Act 1975 allows certain classes of people (such as spouses, children, cohabitees, and dependants) to claim financial provision from an estate. Because of the Inheritance Act 6 month rule it is advisable to consult with solicitors who specialise in inheritance and will disputes without delay.

Executor disputes

Disagreements involving executors frequently arise. This includes:

disputes between co-executors
disputes between executors and beneficiaries

The cause of these disagreements varies from case to case, but they often arise where an executor:

refuses to cooperate
causes delay
misunderstands their legal duties
acts without integrity

Trust disputes

This involves legal disputes concerning the way in which a trust is being administered. Disputes over discretionary trusts are particularly common, as well as disagreements over the provision of information about trust assets or how a trust is run.

Beneficial interest claims

Beneficial interest claims can be made in their own right, or in tandem with a claim under the Inheritance Act. One of the most common claims we deal with involves the legal doctrine of proprietary estoppel, which is used where someone has reneged on the promise of an inheritance. We also handle constructive trust claims and TOLATA disputes.

Rectification of mistakes in a will

Courts have the power to rectify a will and admit evidence of the will-maker’s intention to solve any ambiguities arising from the wording of the will.

Resolving inheritance and will disputes

While it is often necessary for court proceedings to be commenced, the judges encourage parties to resolve disputes out of court if they can. ‘Without Prejudice’ negotiations are therefore common as are formal mediations. Not only is this often faster and less stressful, but it is also usually much cheaper than traditional court proceedings.

Our inheritance disputes team is proud of its 95% success rate at mediation.

Free consultation and No Win, No Fee funding

We have a large team of solicitors who deal exclusively with contentious probate law. We offer free consultations and a range of funding options, including deferred fees, and No Win, No Fee.

Call us on 0333 888 0407 or send an email us at [email protected]

Inheritance and will disputes