How to Manage Inheritance Disputes Legally

Inheritance disputes can arise from many things, including disagreements over the distribution of assets, issues with the executors, or concerns about the will itself. Here’s a full guide to dealing with inheritance disputes in the UK. If you need help contesting a Will, visit Darwin Gray.

What are the Reasons for Inheritance Disputes?

Inheritance disputes can come from:

• Inequality: A common issue when siblings feel they haven’t been treated fairly in the will.
• Executor Misconduct: Executors who manage the estate may not do their job properly and cause disputes.
• Invalid Will Claims: Disputes can arise if someone contests the will due to lack of mental capacity, undue influence, or improper signing.

How to Deal with Inheritance Disputes

If you’re in an inheritance dispute, here’s what you can do:

a. Mediation and Negotiation

Mediation allows all parties to talk to a neutral mediator who will help find a solution everyone can agree to. Mediation saves time and legal costs.

b. Get Legal Advice Early

A solicitor will advise you on the strength of your case, explain your rights, and guide you through the process.

c. Claims

Depending on the dispute:

• Contest a Will: This can be done if you think the will was made under duress, fraud, or without mental capacity.
• Inheritance Act Claim: Certain people, such as spouses, children, or dependents, can claim if they feel the will didn’t provide for them.
• Executor Removal: If an executor isn’t doing their job, you can apply to have them removed through the court.

Court

This is the last resort, as it’s expensive and emotionally draining, but a court decision is final.

How to Avoid Inheritance Disputes

You can avoid disputes by:

• Making sure the will is clear and up to date.
• Talking to beneficiaries openly so there are no surprises.
• Appointing a professional executor who can remain impartial.

FAQs: Inheritance Disputes in the UK

Q: Who can contest a will in the UK?
A: Close family members, such as spouses, civil partners, children, or dependents. Executors or beneficiaries can contest a will in certain circumstances.

Q: How long do I have to contest a will?
A: You have six months from the date probate is granted to make an Inheritance Act claim. However, if you’re contesting the will’s validity, different time limits may apply.

Q: Can I remove an executor from the estate?
A: Yes, you can apply to the court to remove an executor if they’re not doing their job.

Q: What if the executor isn’t communicating with me?
A: Try to resolve the issue directly by asking for written updates. If that doesn’t work, seek legal advice to consider formal action, including replacing the executor.

Summary

Know the legal grounds, get legal advice early, and try alternative dispute resolution before court. With the right approach, you can resolve inheritance disputes quickly and fairly.