Gonzalo Butori, Senior Associate, Family, at DMH Stallard and a legal expert in contested disputes in England, Spain and Italy, and Rajinder Sahonte, Barrister at New Square Chambers, discuss the rising trend of inheritance disputes.

In the UK, contested probate cases have been on the rise, with reported disputes reaching a record high, as claims to contest Wills have increased in the last decade, reflecting the growing complexities in family structures and property values. 

Succession, or inheritance, often causes emotions to run high, sometimes even before the moment of death. Family dynamics, sentimental attachments, and financial stakes can create a volatile mix when the division of assets is known or questioned.

Expectations don’t translate into rights. In the UK, a Testator, the person who has made a legally valid Will, is free to leave his/her estate as he/she chooses, subject to one exception. There is no requirement to make a Will; in that event, the Law sets out how an estate is divided.

If you believe something has gone wrong in making a Will, it is crucial to act quickly and seek legal advice. Delays in addressing inheritance disputes can lead to complications.

Inheritance laws are often complex, vary from jurisdiction to jurisdiction and are designed to ensure a fair distribution of assets upon someone’s death where there is forced heirship (the European model). The UK permits unfair division to be challenged differently. These laws generally set out who is entitled to inherit, under what conditions, and in what proportions.

A Will may be contested if family or other potential heirs believe they were wrongly excluded or question its validity. Grounds for invalidity include the testator’s lack of capacity, undue influence, coercion, improper execution, lack of knowledge and approval, or forgery.

Also, a defined class of people connected to, or dependent on, the Testator may seek reasonable financial provision if assets were unfairly divided. These include, among others, spouses or civil partners, children, and others financially dependent on the Testator.

Executors, or administrators, must act impartially in the beneficiaries’ interest, yet conflicts may arise if they mismanage assets, or fail to follow the Will. Beneficiaries can seek to resolve issues through solicitors or, if needed, through the courts.

The importance of acting swiftly 

Inheritance disputes are time-sensitive for several reasons. Legal systems impose statutory and procedural
limitations that set out what actions must be taken to make challenges. Respect for time limits is crucial. Missing a deadline, even if your claim is valid, means you may lose your right to challenge the inheritance.

Preserving evidence is vital. Witnesses forget essential details, documents could be lost, or electronic records might be deleted. Taking swift action increases the chances of gathering and preserving critical information needed to support your case.

Protecting estate assets is vital, as delays may lead to distribution, sale or transfer of assets, making it harder to recover your rightful share.

The emotional charge in probate disputes is often underestimated. Prolonged disputes can strain family relationships beyond repair. Addressing the situation promptly may help avoid the conflict escalating into a lengthy and bitter legal battle.

Why seek legal advice

Inheritance disputes often involve highly technical areas of law, requiring expert guidance. Seeking immediate legal advice is critical for several reasons:

• Understanding your legal position is essential for informed decisions. Consult a specialist solicitor who can assess your unique case. An inheritance lawyer will help determine if you have a valid claim.

• Acting correctly from the beginning is crucial. The first steps of a dispute are perhaps some of the most important moments in litigation. Preserving the assets, keeping the integrity of evidence safe, formulating a strategy, and setting up the appropriate path is integral to building a solid case.

• Dealing with legal intricacies involved in contesting a Will, can be overwhelming.

• Considering Alternative Dispute Resolution (ADR) is also crucial, as not all inheritance disputes need to end up in court. Courts often encourage ADR to reduce costs and promote negotiated rather than imposed settlements. Common ADR methods include mediation, early neutral evaluation, and negotiation.

Whilst going to court should be the last resort, having legal representation from the outset will ensure your interests are protected throughout the litigation process.

Conclusion: protecting your rights to inherit

Inheritance disputes can be emotionally and financially draining but seeking legal advice promptly can make all the difference in protecting your position. The legal complexities involved, the urgency imposed by statutes of limitations and the need to keep assets safe mean that delays can be costly.

If you believe your inheritance rights have been violated, don’t wait. Explore your options, build a strong case, and take the necessary steps to ensure a fair outcome. By acting swiftly, you protect your interests and your family’s legacy.

For more information contact: Gonzalo.Butori@dmhstallard.com, +44 (0) 1403 282707

www.dmhstallard.com