Types of dispute

There are four common types of inheritance dispute:

Disputing the validity of a will

If you feel that the will was somehow incorrect or invalid, it can be legally challenged. Reasons to challenge a will include:

1. Capacity – if the person was too unwell to sign their will.
2. Undue influence – it the person was unfairly influenced when writing their will, or pressured into writing something that was against their wishes.
3. Professional negligence – you may feel that the will was written incorrectly by the will writer. If a will is incorrect or badly written, this can also be challenged.

Financial provision

If you were dependant on financial support from someone who has recently died, and this support was taken away as a result of the inheritance arrangements, the courts can award you with ‘reasonable financial provision’.

Basically, can you afford to live now the financial support you relied on has been taken away?

The courts would assess the level of your financial dependence, and whether or not you continue to require this support.

Promises not kept

If the inheritance arrangements do not respect promises made by someone before they die, then it is possible to challenge the will on these grounds.

Arguments between concerned parties

Inheritance arrangements can be challenged if there are disagreements between executors or beneficiaries concerning how an estate should be managed – valuations, actions, delay, theft etc.

Still need more advice? These pages can help: