Inheritance Disputes: Prevention and Resolution Strategies

Inheritance Disputes: Prevention and Resolution Strategies

Disputes often arise over the validity of a will, especially if there are concerns about the person’s mental capacity or possible undue influence. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are also common, particularly from spouses, civil partners, children (including adults), dependants, and cohabiting partners who feel they have not been adequately provided for. Other frequent sources of conflict include disagreements about how executors manage the estate, the division of property, and succession of family business assets.

Prevention Strategies

Open and honest communication is one of the most effective ways to prevent disputes. Discussing your wishes with family members and holding family meetings can help set expectations and reduce misunderstandings. Keeping your will up to date and using clear documentation is also important, especially as family circumstances change. For more complex situations, using a professional will writer can help ensure your intentions are clearly recorded. Including mediation or dispute resolution clauses in your will can provide a structured way to resolve disagreements if they arise.

Inheritance Act 1975 Claims

The Inheritance Act 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, civil partners, former spouses who have not remarried, children, dependants, and cohabiting partners.

Resolution Options

If a dispute does arise, mediation is often a cost-effective and less adversarial alternative to court. Direct negotiation between parties or arbitration (where an independent arbitrator makes a binding decision) are also options. Court proceedings should be considered a last resort, as they can be lengthy and expensive.

Cost and Time Considerations

Mediation typically costs between £1,000 and £5,000, while court proceedings can range from £10,000 to over £100,000 depending on complexity. Mediation can resolve disputes in 6–18 months, whereas court cases may take 1–3 years.

Early Intervention

Addressing potential disputes early—through clear will drafting, family discussions, and regular reviews—can prevent most inheritance conflicts before they start.

Prevention is always better than cure. Careful planning and open communication are the best ways to protect your family and your legacy.

Feel less anxious and more confident:
Caira is your new bestie! 👱🏼‍♀️🌸 Get answers and drafts in seconds for public, family, probate, conveyancing, criminal, employment, medical negligence, commercial and public law. All backed by 10,000 legal documents for England and Wales.

Upload documents, screenshots and photos for even more relevant responses. Free 14 days trial in 1min – no credit card required, afterwards just £15/month on our website. Continue chatting now. https://www.unwildered.co.uk

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