Inheritance disputes are common in blended families.
When someone remarries, their children and new spouse can end up in conflict, especially if expectations about inheritance weren’t communicated. Whether a Will heavily favours a stepparent or intestacy rules override earlier wishes, these tensions can quickly escalate.
Here are the legal options available when disputes arise with blended families.
If you’re concerned about other causes—like Will challenges, executor issues, or claims under the Inheritance Act, check out our guide: Inheritance Disputes Explained: Causes, Risks and What Executors Can Do
There are several reasons why children might contest how their parent’s estate has been handled:
Let’s look at the main legal avenues available.
A child might seek to challenge the Will itself. Common grounds for contesting include:
These claims are particularly common when the step-parent inherits most or all of the estate, especially if this wasn’t anticipated or communicated during the parent’s lifetime.
Where a Will exists—but does not provide “reasonable financial provision”—or if the estate is dealt with under intestacy, children may claim under the 1975 Act.
This legislation allows eligible individuals—including adult children—to ask the court for further financial provision from the estate. However, the needs of all beneficiaries (including the surviving spouse) are considered, and the outcome is not guaranteed.
In some cases, children may claim they were promised specific assets or inheritance during their parent’s lifetime and made decisions based on that promise—such as caring for the parent or making financial sacrifices.
If they can prove reliance and detriment, the court may award compensation from the estate, even if those promises were not included in the Will.
Disputes between children and a second spouse can create lasting rifts in families. But they also underline the importance of proper estate planning and clear communication during one’s lifetime.
One of the biggest concerns for executors is the risk of Inheritance Act 1975 claims, especially if the estate is distributed too early.
Executors are expected to wait six months after the Grant of Probate or Letters of Administration before releasing funds. But this delay can create frustration for beneficiaries and pressure on executors.
Early Distribution Insurance allows executors to distribute inheritance before the six-month window closes, without taking on personal liability if a dependant later makes a claim against the estate.
This insurance is especially useful where the estate is small, simple, and has no known issues with dependants, but early distribution is needed.
It’s a practical risk management tool that helps executors fulfil their duties responsibly without unnecessary delay.
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.
This page is based on original materials provided by IDR Law, with thanks for their permission and collaboration.
Legal Disclaimer:
This article is for general information only and should not be taken as legal advice. If you need specific guidance on probate or estate administration, please seek professional legal advice — you can find a probate solicitor here.
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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