Inheritance disputes are sadly common and can cause lasting rifts within families. They often arise over the validity of a will, particularly if there are concerns about the person’s mental capacity at the time of making the will or suspicions of undue influence by another party. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are also frequent, especially from spouses, civil partners, adult children, dependants, and cohabiting partners who feel they have not been adequately provided for. Other sources of conflict include disagreements about how executors manage the estate, the division of property, and succession of family business assets.

Prevention Strategies

The best way to avoid inheritance disputes is through proactive planning and open communication. Discussing your wishes with family members and holding family meetings can help set expectations and reduce misunderstandings. It’s wise to keep your will up to date, especially after major life events such as marriage, divorce, or the birth of children. Use clear, unambiguous language in your will and ensure all documentation is properly signed and witnessed. For more complex family arrangements, such as blended families or business interests, consider including a letter of wishes to explain your decisions. Some people also include mediation or dispute resolution clauses in their will, which can provide a structured way to resolve disagreements if they arise.

Inheritance Act 1975 Claims

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to make a claim against an estate if they believe reasonable financial provision has not been made for them. This includes:

• Spouses and civil partners

• Former spouses or civil partners who have not remarried

• Children (including adult children)

• Anyone who was financially dependent on the deceased

• Cohabiting partners who lived with the deceased for at least two years before death

To succeed, claimants must show that the will (or intestacy rules) failed to make reasonable provision for their maintenance. The court considers factors such as the size of the estate, the needs and resources of the claimant and other beneficiaries, and any obligations the deceased had towards the claimant.

Resolution Options

If a dispute does arise, mediation is often a cost-effective and less adversarial alternative to court. Mediation allows parties to discuss their concerns with the help of a neutral third party and can lead to creative solutions that a court might not order. Direct negotiation between parties is also possible, and in some cases, arbitration—where an independent arbitrator makes a binding decision—may be appropriate. Court proceedings should be a last resort, as they can be lengthy, expensive, and emotionally draining.

Cost and Time Considerations

Mediation typically costs between £1,000 and £5,000, depending on the complexity and number of parties involved. Court proceedings, by contrast, can range from £10,000 to over £100,000, especially if the case is complex or goes to trial. Mediation can resolve disputes in as little as 6–18 months, while court cases may take 1–3 years or more.

Early Intervention

Addressing potential disputes early—through clear will drafting, family discussions, and regular reviews—can prevent most inheritance conflicts before they start. If you sense a dispute may arise, consider seeking mediation or opening a dialogue with all interested parties as soon as possible.

Prevention is always better than cure. Careful planning, open communication, and regular review of your estate plans are the best ways to protect your family and your legacy from the stress and cost of inheritance disputes.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.