Top 5 Causes of Inheritance Disputes – And How to Resolve Them

April 2025

It’s an unfortunate truth, but inheritance disputes are on the rise. As many as 10,000 inheritance dispute cases are now brought to the courts in England and Wales every year, and this doesn’t include those matters that are resolved in mediation.

There is a range of reasons for why there has been an increase in these kinds of disagreements. Increasingly complex family dynamics and structures no doubt play a role, as does the fact that more people are being diagnosed with conditions such as dementia and Alzheimer’s disease.

It’s important to understand that not every argument about an estate can be followed up with an inheritance claim. Potential beneficiaries of the estate would need to meet certain criteria in order to have the right to claim.

Below, we’ve shared the five kinds of inheritance disputes we see most often, as well as a brief explanation of the related criteria that may give those involved the right to take legal action.

1. When there’s a question around mental capacity

When a family member is living with a condition such as dementia or Alzheimer’s disease, it can be a huge strain. This is true during the period of caring for them, and it can also be true after their death. The early signs of dementia and Alzheimer’s disease are not always easy to spot. It may only be much later that issues come to light, such as during the probate process. Sadly, it’s not unusual for family members to have an unpleasant shock when they find the Will a family member with this kind of condition has left behind. The Will might say something very different from what family members were expecting, or even something that seems very out of character. In situations like these, there may naturally be questions about whether or not the person who wrote the Will was in their right mind when they did so. In these situations, certain family members may be able to challenge the validity of the Will.

2. When there’s a belief that someone has had undue influence

If you believe that a Will was made under the heavy influence of someone who then benefitted from that Will, this can lead to a significant legal disagreement. The influence may have been exercised by a spouse or other family member, or it might have been by a friend or romantic partner. If you believe that the person who wrote the Will would not have made the inheritance decisions they made without the influence of the third party, this may give you grounds to take action. You may also be able to challenge a Will if you believe fraudulent calumny has taken place. This involves a specific type of influence where someone has deliberately lied about a potential beneficiary’s behaviour in order to encourage someone else to remove them from their Will.

3. Where there’s ambiguity, conflicting instructions or broken promises

Ambiguity and conflicting instructions can be a major cause of inheritance disputes. This might be because a Will doesn’t exist or has been made incorrectly, or it might be because what is written in the Will contradicts promises the person made to potential beneficiaries before they died. This includes matters of proprietary estoppel, which is where someone promises an inheritance to a beneficiary (who then makes financial sacrifices on the basis of that promise) but then does not follow through with this promise in their Will. If a potential beneficiary believes someone has broken a promise in their Will, they may be able to make an inheritance claim on this basis.

4. When someone has been left out of the Will altogether

If someone who might reasonably expect to benefit from a Will is left out of it (such as a child, spouse, partner or other financially dependent close relative), it can raise both legal and moral questions. This might be an issue of favouring certain family members over others, or it might be related to an ongoing estrangement. Either way, if a potential beneficiary believes they have not been adequately provided for in a Will, they may have the right to make an inheritance claim.

5. When there’s a disagreement between blended family members

Unfortunately, the complex family structures and dynamics that can exist within blended families are some of the most common catalysts for inheritance disputes. This is not to say that this is always the case: we have worked with many, many blended families without any disputes arising. However, if your family falls into this category, we believe it is even more important to ensure you have made clear and watertight plans for your estate.

One of the major issues in this area occurs when couples leave their entire estate to their spouses, with an informal agreement that the surviving spouse will later provide for stepchildren in their own Will. No matter how well intentioned these agreements are in theory, in practice they can go wrong for all kinds of reasons. Perhaps the surviving spouse lives for another few decades and loses touch with their stepchildren. Perhaps the surviving spouse dies intestate and the intestacy rules determine that their entire estate passes to their own children, not their stepchildren. Perhaps the surviving spouse remarries and later leaves their entire estate (including what was informally earmarked for their stepchildren) to their new partner. In situations like these, the stepchildren may be entitled to make an inheritance claim.

How can you resolve a dispute?

 In the ideal scenario, many of these kinds of disputes could have been avoided with robust estate planning and the support of an experienced private client solicitor. Unfortunately, by the time an inheritance dispute arises, it’s generally too late to put these kinds of plans in place. Rather, it will be important to consider the best way forward for all parties.

Our advice is always to try and keep communication open. Many types of disputes can be resolved quickly and efficiently with the help of honest and direct conversation. Conversely, smaller disputes can become much bigger if they are left to simmer.

Many people worry that the act of speaking to a solicitor will automatically take a dispute to the next level, but in reality it tends to have the opposite effect. Personalised legal advice can enable everyone involved to understand what their legal position is and realistically consider their options.

Depending on the circumstances, an experienced contentious probate solicitor will generally advocate on your behalf to help find a solution that all parties are able to live with. Being open to mediation can help to avoid costly and stressful litigation, and is often in everyone’s best interest.

If you’ve found yourself in a dispute situation like one of the five above and don’t know what to do next, please don’t feel you have to deal with it alone.