Financial & Legal News

Navigating an inheritance dispute with confidence

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Losing someone close to you is difficult enough, but when doubts arise about their Will or how their estate is being managed, the emotional weight can quickly become overwhelming. Many people feel unsure of their rights, unsure of the process or where to turn.

That is why the our Contentious Probate Solicitors trusted across England and Wales, emphasise the importance of early clarity and specialist support.

As Laura Pracy, Contentious Probate Solicitor and Head of Inheritance & Will Disputes, explains:

“Acting early and getting the right advice can make all the difference. When you are grieving, uncertainty can feel overwhelming, but you don’t have to navigate it alone.”

Here’s a breakdown of the key things to consider if you’re worried about an inheritance issue.

1. Understand whether you have an Inheritance claim

Not every feeling of unfairness translates into a legal claim, so the first step is understanding your position.

Common types of inheritance disputes include:

Concerns over the validity of the Will

There are specific grounds to challenge the validity of the Will and common claims include, but are not limited to, if the person making the Will did not have the requisite mental capacity to make a Will, if legal formalities were not followed, or if someone else had exerted undue influence over the person making the Will.

Being left out of a Will or inadequately provided for

Certain individuals can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if the Will fails to provide reasonable financial provision.

Issues with how Executors are managing the estate

Delays, lack of communication, or suspected mismanagement of the administration of the Estate by the Executors / Administrators may be grounds for intervention.

Each situation is unique and therefore specific legal advice on your circumstances is essential.

2. Time limits to make a claim

A claim under the Inheritance Act must be brought within six months of the Grant of Representation being issued. Even if you’re unsure whether to proceed, getting early advice protects your options. Waiting too long may restrict what you can do later.

3. Obtaining evidence

A strong case relies on obtaining the appropriate evidence and it is important that information is gathered as soon as possible to assess the strengths of your Inheritance Act claim. Typically, we would look to obtain:

  • A copy of the Will
  • Notes or records from the Will writer
  • Medical records
  • Emails, letters or evidence of family arrangements
  • Details of any promises made during the deceased’s lifetime

Don’t worry if you don’t have everything - our Contentious Probate solicitors can help obtain key evidence.

4. Consider mediation to resolve an inheritance dispute

Many inheritance disputes settle through negotiation or mediation. These approaches are often quicker, less stressful and more cost-effective than formal court proceedings.

5. Understanding funding options

Cost worries deter many people from seeking help, but options such as Conditional Fee Agreements (No Win, No Fee) may be available depending on the circumstances of your case. If such funding is not suitable, our Inheritace and Will Dispute solicitors will explain costs clearly from the outset.

Inheritance disputes are both legally complex and emotionally charged. Working with experienced specialists ensures your claim is properly assessed, your case progresses effectively, and you receive strong representation if matters escalate.

As Laura notes, the goal is always to provide “tailored, compassionate and practical advice.”

How can we help?

If you are concerned about a Will or believe you have grounds to make an Inheritance Act claim. Contact our Contentious Probate Solicitors on 0161 788 3500 or email enquiries@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

Written by Laura Pracy

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