Inheritance disputes can arise during an already challenging time, amplifying the emotional strain experienced by families following the loss of a loved one. The distribution of assets can become contentious, leading to feelings of betrayal, confusion, and resentment among family members. Understanding the common types of inheritance disputes and how to resolve them is crucial for anyone navigating this complex landscape.

At Van Eaton Solicitors, we specialise in handling inheritance disputes with compassion and expertise. Our team is dedicated to guiding clients through the intricacies of probate law, ensuring that their rights are protected while striving for amicable resolutions.

Common Causes of Inheritance Disputes

1. Being Left Out of a Will
   • The emotional impact of being excluded from a will can be profound, often leading to feelings of neglect or injustice among family members.
   • Recent statistics indicate a significant rise in claims related to exclusion from wills, reflecting changing societal norms and family dynamics. For instance, inheritance claims have surged by 72% in recent years, highlighting the increasing prevalence of such disputes.
   • High-profile cases like Ilott v Mitson have influenced public perception and encouraged individuals to contest wills if they feel unjustly treated. This landmark case underscored the rights of adult children who were excluded from their parent’s estates, prompting many to reconsider their own inheritance plans.
2. Dying Intestate
   • Dying intestate occurs when an individual passes away without leaving a valid will. This situation can lead to confusion and disputes among potential beneficiaries.
   • The rules of intestacy dictate how assets are distributed when there is no will, often prioritising spouses and children while excluding cohabiting partners or stepchildren. This can create conflict in blended families where relationships may not align with legal expectations.
   • Common scenarios leading to disputes include situations where long-term partners are left without inheritance rights or where estranged family members emerge to claim a share of the estate. You can read more in our previous article here.
3. Validity of the Will
   • Challenges to the validity of a will are common and can arise from claims that the deceased lacked mental capacity at the time of signing or that they were subjected to undue influence from another party.
   • Poorly drafted or DIY will often contribute to disputes, as ambiguous language or unclear intentions can lead to differing interpretations among beneficiaries.
4. Executorship Disputes
   • Conflicts may arise regarding the actions or decisions made by executors responsible for administering the estate. Beneficiaries may question whether executors are acting in their best interests or fulfilling their duties properly.
   • Examples of mismanagement can include failure to communicate effectively with beneficiaries, improper handling of estate assets, or allegations of self-dealing.
5. Asset Distribution Issues
   • Disagreements over specific assets or properties are common during probate proceedings. Beneficiaries may have differing opinions on how assets should be valued and divided.
   • Rising property values can exacerbate these conflicts, as increasing wealth often leads to heightened expectations and demands from heirs.
6. Family Dynamics
   • Changing family structures, such as blended families and cohabitation arrangements, play a significant role in inheritance disputes. These complexities can lead to misunderstandings about entitlements and obligations.
   • Emotional factors, including sibling rivalry or unresolved conflicts from the past, may further complicate matters and exacerbate tensions among heirs.

Conclusion

Understanding common inheritance disputes and their resolutions is essential for anyone dealing with the complexities of estate distribution. These disputes can arise from various factors, including being left out of a will, dying intestate, challenges to the validity of a will, executorship conflicts, asset distribution issues, and changing family dynamics. Recognising these potential conflicts can help individuals prepare and navigate the emotional and legal landscape that follows the loss of a loved one.

When facing inheritance issues, it is crucial to seek professional guidance to ensure your rights are protected and to facilitate a smoother resolution process. At Van Eaton Solicitors, we are committed to providing expert legal support tailored to your unique situation. Our team understands the intricacies of inheritance law and is dedicated to helping you find the best path forward.

Take Control of Your Inheritance Journey Today!

If you are involved in an inheritance dispute or have questions about your rights as a beneficiary or potential claimant, don’t hesitate to contact Van Eaton Solicitors for a consultation. We are here to guide you through this challenging time with compassion and expertise.

Contact us today at 0208 769 6739 or fill out our online form to schedule your appointment. Let us help you secure your rightful inheritance!