Inheritance & Will Disputes.

Yes — and in most cases it should be attempted before litigation is considered. Mediation is increasingly used in inheritance and will disputes and is well-suited to cases where the underlying issues are as much about family relationships as about legal rights. A skilled mediator can help parties reach a negotiated settlement that a court could not impose — including acknowledgements, apologies, or creative arrangements that go beyond what litigation offers. Even where mediation does not fully resolve the dispute, it often narrows the issues and reduces the cost of any subsequent proceedings. Most contested probate and Inheritance Act cases settle before trial — the question is usually not whether to settle, but when and on what terms.

Contesting a will begins with entering a caveat at the Probate Registry — a formal notice that prevents a grant of probate being issued while the dispute is live. A caveat lasts six months and can be renewed. Once a caveat is in place, the parties typically exchange correspondence and evidence before deciding whether to proceed to court or attempt to settle. Most will disputes are resolved through negotiation or mediation rather than a full trial. If court proceedings are necessary, the claim is brought in the Chancery Division of the High Court. Taking legal advice before entering a caveat is important — the step has procedural consequences, and acting without understanding the process can complicate matters.

Time limits depend on the type of claim. There is no strict limitation period for challenging the validity of a will itself — a probate claim can technically be brought at any time, though delay significantly weakens a case and the court has discretion to refuse late claims. Inheritance Act claims — where you are not disputing the will's validity but arguing it fails to make reasonable provision for you — must be brought within six months of the grant of probate. This is a hard deadline and extensions are rarely granted. Proprietary estoppel claims — where you were promised an inheritance and acted on that promise — are subject to the general limitation periods, but again delay weakens the claim. Taking advice promptly after a death where a dispute is likely is strongly recommended.

Suspected fraud or forgery is a serious matter that should be reported to a solicitor immediately. A forensic document examiner can analyse the will for signs of alteration, and a handwriting expert can assess whether a signature is genuine. If fraud is established, the will can be declared invalid and the estate distributed as if it did not exist — either under an earlier valid will or under the intestacy rules. In serious cases, the matter may also be referred to the police. Entering a caveat at the Probate Registry is the immediate practical step to prevent a grant being issued on a potentially fraudulent document while the investigation takes place.

Possibly — this type of claim is called proprietary estoppel. It arises where the deceased made a clear promise or assurance that you would inherit specific property, you relied on that promise to your detriment — for example by working without full pay on a family farm, giving up other opportunities, or making significant contributions — and it would be unconscionable to allow the estate to resile from that promise. These claims are most common in farming families where one child has worked the farm on the understanding they would inherit it, only to find the will says otherwise. Proprietary estoppel claims are fact-specific and can be difficult to prove, but where the evidence is strong they can result in the court ordering the estate to honour the promise or pay compensation.

A will can be challenged on several legal grounds. Lack of testamentary capacity — the deceased did not understand what they were signing at the time the will was made. Undue influence — the deceased was pressured or coerced into making the will or including particular provisions. Fraud or forgery — the will or a signature was fabricated. Lack of knowledge and approval — the deceased signed a document without understanding or approving its contents. Improper execution — the will was not signed and witnessed in accordance with the Wills Act 1837. A separate but related claim is under the Inheritance (Provision for Family and Dependants) Act 1975, where the will fails to make reasonable financial provision for an eligible person. Each ground has different evidential requirements and time limits.

The standard of reasonable financial provision differs depending on the claimant's relationship to the deceased. For a surviving spouse or civil partner, the court can award whatever is reasonable in all the circumstances — not merely what is needed for maintenance. For all other eligible claimants, the standard is what is reasonable for their maintenance — a lower bar focused on income needs and basic living requirements rather than capital provision. The court considers a range of factors including the claimant's financial resources and needs, the deceased's obligations and responsibilities, the size of the estate, any physical or mental disability, and the conduct of the claimant and others. There is no formula — the court exercises discretion based on the full picture.

A caveat entered at the Probate Registry prevents a grant of probate being issued while the dispute continues — which means the estate cannot be formally administered or assets distributed. This protects the estate from being dissipated before the dispute is resolved, but it also means that bills, taxes, and expenses may go unpaid and assets may deteriorate. In some circumstances the court can appoint an independent administrator to manage the estate during the dispute, or make orders for specific assets to be dealt with — for example, allowing a property to be sold. The financial cost of a prolonged dispute falls on the estate, which can significantly reduce what is ultimately available to distribute.

A devastavit is a breach of duty by an executor or administrator in the administration of an estate — the term comes from the Latin for 'he has wasted.' Executors can be held personally liable for losses caused by their mismanagement of the estate, including distributing assets before all debts are paid, failing to collect in assets, selling estate property at an undervalue, missing tax deadlines, or failing to pursue claims owed to the estate. Beneficiaries who suffer loss as a result of an executor's breach of duty can bring a claim against them personally. Executors who are uncertain about their duties — or who face a complex or contentious estate — should take legal advice before acting, as the consequences of getting it wrong fall on them personally.

A no-contest clause — sometimes called an in terrorem clause — is a provision in a will that attempts to disinherit a beneficiary if they challenge the will or bring any legal claim against the estate. In England and Wales, no-contest clauses are not enforceable in the same way as in some other jurisdictions. A court will not automatically disinherit someone simply because they have challenged the will — particularly where the challenge is brought on reasonable grounds. The clause may have some practical deterrent effect, but it cannot prevent a beneficiary from bringing a legitimate claim and does not bind the court. Anyone considering challenging a will that contains such a clause should take legal advice on the specific wording and their particular circumstances.

An Inheritance Act claim is a claim under the Inheritance (Provision for Family and Dependants) Act 1975, arguing that a will — or the intestacy rules — fail to make reasonable financial provision for the claimant. It does not challenge the validity of the will; it asks the court to carve out additional provision from the estate. Those eligible to claim include: spouses and civil partners; former spouses and civil partners not yet remarried; cohabiting partners who lived with the deceased for at least two years immediately before death; children of any age; anyone treated as a child of the family; and anyone financially maintained by the deceased. A claim must be brought within six months of the grant of probate.

Testamentary capacity is the legal standard a person must meet to make a valid will. The test — established in Banks v Goodfellow [1870] — requires that the testator understood the nature of making a will and its effects, understood the extent of the property they were disposing of, understood the claims of those who might reasonably expect to benefit, and was not suffering from a disorder of the mind that influenced their decisions. Assessing capacity after death relies on evidence that existed at the time — medical records, GP notes, hospital records, solicitor's file notes, and witness evidence from those present when the will was made. The golden rule in will-making is that a solicitor should obtain a contemporaneous medical assessment where capacity is in doubt — the absence of such a record can make a posthumous challenge harder to defend.

Undue influence in will disputes means that the testator was coerced into making the will or including particular provisions — their free will was overborne by another person's pressure. It is not enough to show that someone had influence over the testator; the influence must have been undue, meaning the testator was unable to resist it. Unlike in contract law, undue influence in the context of wills is not presumed — it must be proved. Evidence might include isolation of the testator from family and friends, financial or physical dependency on the influencer, a sudden change in the will's terms shortly before death, or witness accounts of controlling behaviour. These cases are fact-intensive and the standard of proof is high.