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Insight | For Individuals

Arguing About a Will: What to Do if You Disagree with an Inheritance

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Losing a loved one is already difficult, and disagreements over a will can make it even harder. If you feel that the inheritance hasn't been divided fairly, it's natural to have concerns. While emotions can run high, it's important to take a calm and informed approach to resolving the issue.

Do You Have Grounds to Challenge the Will?

Not every disagreement means you can contest a will. There are specific legal reasons for challenging a will, such as:

  • Lack of mental capacity
    If your loved one wasn't fully aware of their decisions when writing the will.
  • Undue influence
    If they were pressured or manipulated into making changes.
  • Fraud or forgery
    If there are doubts about whether the will is genuine,
  • Improper execution
    If the will wasn't signed or witnessed correctly.
  • Financial hardship
    If you were financially dependent on the deceased and haven't been provided for, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

What Steps Should You Take?

  • Get Legal Advice Early.
    If something feels wrong, don't delay. A solicitor can explain your options and make sure you act within the legal time limits (often six months from probate being granted).
  • Consider Mediation.
    Instead of going straight to court, mediation can help families talk things through and find a fair solution without a long legal battle.
  • Stop Probate if Necessary.
    If you believe the will is invalid, you can place a legal notice (a caveat) to pause probate while investigating the issue.
  • Take Legal Action if Needed.
    You may need to take the matter to court if discussions and mediation don't work. A solicitor can guide you through the process and represent your best interests.

Disputing a will is never easy, but you don't have to go through it alone. If you're worried about an inheritance dispute, our friendly and experienced probate solicitors are here to listen and help you find the best way forward. For more information please call our experts on 01908 662277.

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