A practical guide to wills and inheritance disputes

Disputes involving wills and inheritance are far more common than many people realise.

Modern families are complex, estates are often substantial, and emotions understandably run high after someone dies. When something in a will appears unexpected, unclear or unfair, it can create tension that is difficult to resolve without legal guidance.

In this article, Riah Sattar explains why wills and inheritance disputes arise, the legal grounds for challenging a will and the steps that can help resolve matters constructively.

Why wills and inheritance disputes arise

In practice, most disputes stem from concerns about either:

• What the will says, or
• How the estate is being administered.

Families often come to Thomas Mansfield Solicitors because:

• A close relative has been left out or left significantly less than expected.
• The will was changed shortly before death.
• There are concerns about whether the person had mental capacity.
• Someone may have influenced or pressured the person to change their will.
• Executors are not communicating or progressing the estate.
• Assets appear to be missing or undervalued.
• There are disagreements between beneficiaries or between executors.
• Someone died without a will and the intestacy rules mean the estate will not pass to the people they expected.

These issues can place real strain on families already coping with loss, which is why early clarity is important.

Grounds for contesting a will

A will can only be challenged on specific legal grounds. The focus is not whether a will feels ‘fair’, but whether it is legally valid.
The main grounds include:

• Lack of mental capacity – The person must have understood the nature and effect of the will and the extent of their estate. If they did not, the will may be invalid.
• Undue influence – If someone applied pressure or manipulated the person into changing their will, the courts may not uphold it.
• Issues with signing or witnessing – A will must follow strict legal formalities. Mistakes in execution can cause the will to fail.
• Suspicious circumstances – Significant last-minute changes, secrecy, or unusual involvement from third parties can raise legitimate concerns.

If any of these issues may apply, it is important to seek advice promptly to ensure steps can be taken before the estate progresses too far.

Inheritance Act claims

Even if a will is valid, certain individuals can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe they have not been left reasonable financial provision.
These claims are most commonly made by:

• Spouses or civil partners.
• Cohabiting partners.
• Children and adult children.
• Stepchildren.
• Anyone who was financially dependent on the person who died.

These cases often arise in blended families or where someone relied on the person financially and has been left unprotected.

Executor disputes and concerns about estate administration

Not all inheritance disputes relate to the will itself. Many focus on how the estate is being managed.

Common issues include:

• Lack of communication from executors.
• Disagreements between co-executors.
• Delays in collecting or distributing assets.
• Concerns about valuations.
• Lack of transparency over accounts.
• Potential conflicts of interest.

Executors have clear duties, and beneficiaries are entitled to expect the estate to be administered properly and without unreasonable delay.

What to do if you have concerns

If something does not feel right, the most important step is to seek early advice. Some claims have strict time limits, and early intervention can prevent issues escalating unnecessarily.

A solicitor can help you:

• Understand whether you have grounds to challenge a will.
• Obtain the information you are entitled to as a beneficiary.
• Protect estate assets before they are distributed.
• Negotiate a resolution.
• Bring or defend a claim where required.

Many disputes are resolved through negotiation or mediation, avoiding the cost and stress of court proceedings.

How we assist clients

Our approach is calm, practical and focused on helping clients reach a fair and workable outcome. These situations can be emotionally charged, but with the right support, many disputes can be resolved more simply than people expect.

If you have concerns about a will or the administration of an estate, we can help you understand your position and the options available to you.

Riah Sattar