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Introduction
Few things strain family relationships like disputes over a loved one’s estate. At Langley & Co. Solicitors, we’ve mediated countless inheritance conflicts – and seen how easily they could have been prevented.
This guide covers:
✔ Most common causes of will disputes
✔ Who can challenge a will?
✔ 5 ways to prevent conflicts
✔ When legal action becomes necessary
Top 3 Reasons Wills Are Contested
- “Lack of Provision” Claims
- When dependents (spouses, children, or financial dependents) are left out or receive “unreasonably” little under the Inheritance Act 1975.
- Suspected Undue Influence
- If a family member suspects coercion (e.g., a new spouse or caregiver pressured changes to the will).
- Technical Errors
- Improper signing, unclear wording, or lack of mental capacity assessments.
Case Example:
We helped a daughter prove her father’s £1.2m estate plan was altered under duress by his live-in carer. The court invalidated the new will.
Who Can Challenge a Will?
✅ Spouses/civil partners
✅ Children (including adopted)
✅ Financial dependents
✅ Anyone named in a previous will
⏳ Time limit: 6 months from probate grant
5 Ways to Prevent Disputes
1. Use a Solicitor – Not a DIY Kit
- 73% of contested wills involve homemade or online templates.
- Our fix: We video-record will-signing sessions to confirm mental capacity and free will.
2. Discuss Plans Openly
- Surprise inheritances fuel disputes.
- Our tip: Hold a family meeting to explain decisions (where appropriate).
3. Include a “Letter of Wishes”
- Explains why assets were divided a certain way (e.g., “I left more to Sarah because she cared for me full-time”).
4. Update After Major Life Events
- Divorce, new grandchildren, or estrangements should trigger a review.
5. Consider a Trust
Protects assets for vulnerable beneficiaries (e.g., disabled relatives or spendthrift children).