Inheritance disputes are more common than many people realise. Whether it’s a disagreement over the contents of a Will, confusion about who should inherit, or a formal legal claim, disputes can delay probate, drain estate funds, and put executors under pressure.
This guide explains the most common types of inheritance dispute, the legal basis behind them, and what you should do if you’re an executor or administrator facing one.
An inheritance dispute arises when someone challenges how a person’s estate is being distributed. This could involve questioning the Will’s validity, arguing that someone was unfairly left out, or claiming the executor has acted improperly.
Some disputes are informal and based on misunderstandings or family tension. Others involve formal legal action under the Inheritance (Provision for Family and Dependants) Act 1975 or a challenge to the Will itself.
These are challenges to whether the Will is valid. Reasons might include:
Disputes may also arise if there are multiple Wills, handwritten notes, or significant changes made late in life.
Sometimes a Will is found torn, partially destroyed, or marked with scribbles or rips. Under UK law, this may be seen as an attempt to revoke the Will—but only if there is evidence the person intended to cancel it.
A torn Will inheritance dispute can occur when:
These cases can be complex. Executors should seek legal advice immediately to determine whether the Will is still legally valid or if the estate must be administered under intestacy rules.
If someone was financially dependent on the deceased but left little or nothing in the Will, they may make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. These claims are most commonly made by spouses, adult children, cohabiting partners, or carers.
Executors must take these claims seriously. Even if you believe the Will was fair, a court may decide otherwise. Distributing the estate too early, before resolving the claim, could leave you personally liable.
Some inheritance disputes focus on how the estate is being managed. Common complaints include:
In extreme cases, beneficiaries may try to remove the executor or bring a claim for mismanagement.
If you are acting as an executor or administrator and a dispute arises:
Some disputes can be resolved quickly through negotiation or mediation. Others may escalate into formal legal proceedings. Either way, your role is to manage the estate fairly and legally.
Check out our blog: Inheritance Disputes – Children vs. Second Spouse: Common Triggers and Legal Options
Inheritance disputes can be complex and stressful—especially for executors who were never expecting conflict. If you’re unsure about your position, have received a legal letter, or are facing pressure from family members, getting the right support early can make all the difference.
Disclaimer: This article provides general information only and should not be taken as legal advice. For personalised support, please consult a qualified probate solicitor.
As an executor or administrator, you can be personally liable for defending claims and covering losses if you don’t have Probate Insurance, even when the claim is made against the estate, not directly against you.
Contentious probate isn’t limited to courtroom battles; it often begins with disagreements over who inherits, how the estate is handled, or whether the Will is valid.
These situations may involve someone being left out of the Will, a dispute over how much someone should receive, concerns about how the Will was created, or confusion when no Will exists. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are particularly common.
Such disputes can delay the probate process, increase costs, and expose executors to personal liability. It’s far better to identify and address potential risks early, before they escalate.
Arrange a FREE consultation with a Contentious Probate Solicitor.
They’ll assess your situation, confirm whether a claim is unlikely (which may help you qualify for Early Distribution Insurance), or provide expert guidance on how to protect both yourself and the estate.
Content Note: This page is based on original materials provided by IDR Law, with thanks for their permission and collaboration.
Rob Faulkner is a leading expert in executor insurance risk and probate insurance, with nearly 30 years’ experience in the UK insurance market. He is the founder of Insuristic, a specialist provider of probate-related insurance solutions and educational content for executors.
Rob is an ACII Chartered Insurance Broker, a Chartered Manager, and a Member of the Chartered Institute of Marketing. His background spans insurers, brokers, and Insurtechs, always focused on innovation, transparency, simplicity, and fair value.
He’s passionate about helping everyday people, executors, beneficiaries, and law firms choose the right probate property insurance or unoccupied home insurance, without jargon, inflated fees, or hidden commissions.
Rob is especially passionate about product development and improving insurance education through marketing, helping people understand what they are buying. These values sit at the heart of everything we do at Insuristic.
Want to learn more? Visit my author page or follow me on LinkedIn.
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