What Are The Most Common Types of Contentious Probate Disputes?

At NJS Law, our specialist solicitors have extensive experience dealing with Inheritance Disputes of all kinds. We regularly act for clients who are bringing claims as well as those who need to defend claims made against an estate.

Inheritance disputes can be stressful, emotional, and legally complex. Our role is to guide you through the process with clarity, sensitivity, and expert legal advice.

Claims Under the Inheritance (Provision for Family and Dependants) Act 1975

The most common type of inheritance dispute is a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

Who Can Make a Claim?

Claims under the Act may be brought by:

  • A spouse or civil partner
  • A former spouse or former civil partner
  • A cohabiting partner (living together for at least two years)
  • Children (including adult children and those treated as children of the family)
  • Financial dependents

Most people who make a Will provide properly for their loved ones. However, disputes often arise where someone has been deliberately excluded or left with insufficient provision.

Claims by Adult Children

Claims brought by adult children are particularly complex and depend heavily on the individual circumstances. Some claims succeed, while others do not. As a result, many cases are settled through negotiation to minimise risk, costs, and emotional strain for all parties.

Disputes About the Validity of a Will

Challenges to the validity of a Will are another common form of inheritance dispute.

Reasons a Will May Be Invalid

A Will may be declared invalid for several reasons, including:

  • Failure to comply with legal signing and witnessing requirements
  • Lack of mental capacity at the time the Will was made
  • The Will-maker not fully understanding the effect of the Will.
  • Errors or failures by the Will preparer

In some cases, Wills are prepared for individuals with long-term diagnoses such as dementia, without adequate assessment of capacity. These situations frequently result in disputes after death.

Executor and Estate Administration Disputes

We also advise on disputes involving the administration of estates, including disagreements between Executors and concerns about how an estate is being managed.

Common Executor Disputes

These disputes often involve:

  • Executors failing to carry out their duties properly
  • Unreasonable delays in distributing estate assets
  • Disputes between Executors or beneficiaries

Such disputes are becoming increasingly common, and our solicitors are experienced in resolving them efficiently.

Why Choose NJS Law for Inheritance Disputes?

Our team offers:

We are committed to supporting you every step of the way.

Speak to an Inheritance Disputes Solicitor

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Contact NJS Law today for expert advice on inheritance disputes.

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Frequently Asked Questions About Inheritance Disputes

What is an inheritance dispute?

An inheritance dispute is a legal disagreement relating to a person’s estate after they have died. This can include disputes about the terms of a Will, claims for financial provision, challenges to the validity of a Will, or issues with how an estate is being administered.

Who can challenge a Will?

A Will may be challenged by individuals with a legal interest in the estate, including beneficiaries, potential beneficiaries, or those who believe the Will is invalid. Common grounds for challenging a Will include lack of mental capacity, improper execution, undue influence, or fraud.

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