Inheritance Disputes: What Can You Do If a Will Feels Unfair?

Inheritance Disputes: What Can You Do If a Will Feels Unfair?

Inheritance can be a sensitive subject even in the closest families. When a will does not reflect what someone expected — or when circumstances raise questions — emotions can run high.

If a will feels unfair, it is important to understand the difference between a will that is disappointing and a will that may be legally challengeable. In many cases, early advice helps people take a calm, measured approach and avoid matters escalating unnecessarily.

“Unfair” versus “invalid”

A person is generally free to decide who benefits from their estate. That means a will can be surprising or upsetting and still be valid.

However, there are situations where:

• the will may not be legally valid (for example due to capacity or execution issues); or

• a person may be able to make a claim for reasonable financial provision, even if the will itself stands.

Common reasons concerns arise

Families often seek advice where:

• someone has been unexpectedly excluded;

• late changes were made, particularly in later life;

• there are concerns about pressure, vulnerability, or confusion;

• the will contains errors or is unclear;

• there are competing interpretations of what the deceased intended.

Legal grounds for challenge

Challenges may relate to:

• lack of mental capacity;

• undue influence;

• lack of knowledge and approval;

• improper execution;

• fraud or forgery.

These matters are evidence-based and require careful handling.

Claims for reasonable financial provision

In some cases, eligible individuals may claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they have not been left reasonable financial provision. This can include spouses, certain cohabitees, children, and dependants, depending on the circumstances.

Time limits can apply, so early advice is important.

Inheritance disputes are rarely straightforward, and they are often emotionally charged. If a will feels unfair, there may be legal options, but the appropriate route depends on the facts and the evidence.

Sheltons Solicitors can provide calm, practical advice to help you understand your position and explore the most constructive way forward.

Sheltons Solicitors[Text Wrapping Break]Visit: www.sheltons-solicitors.co.uk[Text Wrapping Break]Call: 0115 955 3444[Text Wrapping Break]Email: info@sheltons-solicitors.co.uk

Disclaimer

The materials on this website do not constitute legal advice and are provided for general information only. Whether express or implied, no warranty is given concerning such materials. We shall not be liable for any technical, editorial, typographical, or other errors or omissions within the information provided on this website, nor shall we be responsible for the content of any web images or information linked to this website.

The information contained in this article does not constitute financial advice or recommendation and should not be considered as such. Sheltons Solicitors does not offer financial advice and is not regulated by the Financial Conduct Authority (FCA), the authors of this article are not financial advisors and are therefore not authorised to offer financial advice.

‍