Contentious Probate claims are rising: How can families reduce the risk of inheritance disputes?

Probate is the legal process of dealing with someone’s estate after they die. This can include identifying assets, paying debts, dealing with tax, applying for a Grant of Probate or Letters of Administration, and distributing the estate to those entitled to inherit.

A probate claim is a legal dispute arising from that process; such claims are often referred to as Contentious Probate matters.

Contentious probate is the term used for legal disputes over someone’s estate after they have died. These disputes may involve the validity of a Will, how the Will should be interpreted, who should administer the estate, whether an executor has acted properly, or whether someone should have received financial provision.

If a dispute has already started, early legal advice can help clarify where everyone stands. This may include assessing whether there are grounds to challenge a Will, how to respond to a claim, what executors should do next, or whether the dispute can be resolved without going to Court, for example through mediation or negotiation.

Not every case needs to go to Court. Many disputes can be resolved through correspondence, negotiation or mediation. Where Court proceedings are necessary, specialist advice can help protect a client’s position and manage the process properly.

Probate disputes can arise for many reasons.

Common causes of inheritance disputes include:

• no valid Will
• a homemade, DIY or AI-generated Will with unclear wording
• concerns about whether the person had capacity when the Will was made
• allegations of undue influence or coercion
• disagreement between siblings, stepchildren, partners or wider family members
• disappointment about who has inherited
• claims by someone who believes they should have received financial provision
• concerns about how executors are dealing with the estate
• delays in administering the estate

Modern family structures can also complicate inheritance: second marriages, unmarried partners, children from previous relationships and stepchildren can all create issues if a Will has not been properly prepared or kept up to date.

Rising property values may also mean that estates are worth more than expected, increasing the likelihood of disagreement where family members feel they have been treated unfairly.

A properly drafted Will can reduce the risk of confusion after death. It should set out who inherits, who will act as executors, and how specific assets should be dealt with. It can also help address more sensitive issues, such as excluding someone from a Will, making provision for a vulnerable beneficiary, protecting children from a previous relationship, or setting up Trust arrangements.

A Will should be reviewed after major life changes, including marriage, divorce, the birth of children, the death of a beneficiary or executor, a property purchase, or a significant change in financial circumstances. Where a Will is unclear, out of date or not legally valid, the estate may not pass in the way the person intended. In some cases, family members may need to take legal advice or bring Court proceedings to resolve the dispute.

There is no way to remove every risk of disagreement, but practical steps can help.

These include:

• having a professionally drafted Will
• reviewing it regularly
• choosing suitable executors
• keeping clear records of decisions and intentions
• taking medical advice where capacity may be questioned
• avoiding informal promises that are not reflected in the Will
• considering whether anyone may have a claim against the estate
• keeping important paperwork organised
• taking advice before making major changes to an existing Will