Inheritance dispute FAQs
How do you resolve an inheritance dispute?
We always aim to resolve inheritance dispute by way of negotiation. Sometimes it is necessary to issue court proceedings but even then, only around 15% of disputes progress all the way to a final court hearing.
Can inheritance be disputed?
There are a number of ways to dispute inheritance. You may feel that the Will distributing the estate is not valid or you may feel that you have been left without reasonable financial provision from the estate.
How much does an inheritance dispute claim cost?
It is difficult to predict the cost of an inheritance dispute as there are many variables. Some cases may settle within a couple of months without the need for court proceedings, others may progress to a final hearing.
How do you avoid an inheritance dispute?
It is always best to try and resolve a dispute prior to the instruction of a solicitor. We will always advise you to explore all other settlement options, and to discuss the matter with the other parties, before seeking to instruct us.
Are there time limits on inheritance dispute claims?
If you wish to bring a claim under the Inheritance Act 1975, court proceedings must be issued within 6 months of the grant of probate. This is a strict deadline and cannot be missed otherwise you will be unable pursue such a claim.
What is contentious probate?
Contentious probate is the area of law dealing with cases involving a dispute surrounding a Will or estate. It can also include disputes involving executors, trusts and administration of an estate.
What is the difference between contentious probate and challenging a Will?
Challenging a Will falls under the umbrella of contentious probate as it involves a dispute relating to an estate.
Will I have to go to court for an inheritance dispute?
We always seek to settle inheritance disputes without the need to issue court proceedings. If court proceedings do become necessary, whether that be due to limitation or the nature of the claim, we still aim to settle before reaching a hearing.