When Wills Lead to Disputes: What You Need to Know

Disputes over wills and estates are becoming increasingly common. Whether it’s questions of capacity, undue influence, or disagreements between family members, contentious probate can quickly escalate into a stressful and costly battle.

A Recent Case Example
Earlier this year, two brothers brought a claim over their grandmother’s £2.65m family farm. They argued they had been promised the farm and should inherit it. However, the High Court dismissed their claim, upholding the will that left the property to the owner’s daughters. The court emphasised that expectations and informal promises are not enough, without clear legal grounds, which can include undue influence, the written will prevails.

This case is a stark reminder that probate disputes often hinge on evidence, not emotion. Families may feel wronged, but courts require valid legal arguments to overturn a will.

Common Grounds for Will Disputes
• Allegations of undue influence or coercion
• Questions over mental capacity at the time of making the will
• Disputes between executors and beneficiaries
• Claims for financial provision under the Inheritance Act 1975
• Challenges to homemade or poorly drafted wills

Why Acting Quickly Matters
If you believe a will is unfair or invalid, it’s important to seek advice early. Delay can weaken your position, and estates may be distributed before disputes are resolved. With the right strategy, it’s possible to protect your interests and ensure the court hears your side of the story.

If you’re already facing a will dispute, or suspect one may be brewing, professional guidance is essential. Contentious probate is a specialised area, and having an advocate who understands both the legal complexities and the human dynamics can make all the difference.

If this resonates with you, I’d be glad to discuss your situation in confidence.

Sarah Dell – Registered Contentious Trust and Probate Specialist