How do you manage disputes over inheritance?

• An inheritance dispute can happen when people disagree about the contents of a will, how an estate is being dealt with or who should get certain money or assets.
• A lot of inheritance disputes can be resolved by talking things through, mediation or getting legal advice. If an agreement can’t be reached, the dispute may need to go to court.
• If a dispute is holding up your inheritance, Provira’s Inheritance Advance can give beneficiaries access to up to 50% of their future inheritance before the estate is settled.

Inheritance disputes can be difficult because they often involve the people closest to you at an already difficult time.

You might disagree with a sibling about what should happen to your parents’ house, feel you’ve been treated unfairly in a will or be worried about the way an executor is dealing with the estate.

Whatever the reason, going straight to court isn’t the first step. Some disputes can be sorted out by talking openly about what’s happened, others may need professional mediation or help from a solicitor.

The problem is that while a dispute is being sorted out, the estate can be held up too. If you’re waiting for an inheritance and the delay is causing problems for you financially, Provira’s Inheritance Advance can give beneficiaries access to up to 50% of what they’re due to inherit within days.

Speak to the team and apply today.

What are the most common types of inheritance dispute?

The most common types of inheritance dispute are disagreements about what’s in the will, how the executor is dealing with the estate, what should happen to certain assets or who is entitled to inherit what.

Disagreements over a will

A dispute over a will can happen when the wording isn’t clear, someone thinks they’ve been unfairly left out or there are worries about whether the will is valid.

Sometimes, the problem is around just understanding what the person meant. A gift of “my savings” to a certain person, for example, could lead to questions about exactly which accounts should be included.

In other situations, someone might believe the person didn’t have the mental capacity to understand the will when they made it, or that they were put under pressure by somebody else when writing it.

This is why it’s incredibly important to make sure that any will and associated codicils are written in the clearest way possible.

These can be legitimate reasons to challenge a will, which we explain in our guide on whether probate can be contested.

Disputes over how an estate is being administered

A dispute can also happen if a beneficiary is unhappy with the way an executor is dealing with the estate.

The executor is responsible for pulling together the estate’s assets, valuing them, dealing with its debts and taxes and eventually passing what’s left to the beneficiaries.

That process can take time, and a slow estate doesn’t necessarily mean the executor is doing anything wrong. But you might have questions if you haven’t been told what’s happening, money seems to be missing or you think one beneficiary is being treated differently from another.

If you’re worried, our guides explain in more detail whether an executor can withhold money from a beneficiary and what you’re entitled to as a beneficiary.

Disagreements over dividing or selling assets

Beneficiaries can disagree about what should happen to assets like a house or business, especially when they can’t easily be split between everyone.

For example, one sibling might want to keep their parents’ house while another would rather sell it for their share in cash. There can also be disagreements about what an asset is worth or whether the executor should accept an offer for it.

If your worry is about the way the estate is being divided, our guide on what to do if you disagree with how an estate is being distributed covers this in more detail.

Disputes over who should inherit

Disputes over who should inherit can happen when there isn’t a will or someone believes they should have been included, but weren’t.

If someone dies without a valid will, their estate is divided according to the intestacy rules.

These rules don’t take family relationships or personal promises into account in the same way a will can. For example, an unmarried partner doesn’t automatically inherit under the intestacy rules, no matter how long the couple were together.

That can come as a shock and may lead to a dispute or a claim against the estate.

Why do families fall out over inheritance?

Families can fall out over inheritance because people don’t always agree about what the person who died wanted or what should happen to their money, property and possessions.

Sometimes there are problems with the will itself. In other cases, the will is clear but somebody doesn’t think it’s fair.

Not every disagreement will become a legal dispute. Sometimes, having an honest and open conversation can clear things up before the problem goes any further.

How can an inheritance dispute affect probate and distribution?

An inheritance dispute can stop probate being granted, delay assets being sold and leave beneficiaries waiting longer for their inheritance.

If someone has legitimate concerns about a will or executor, they may be able to enter a caveat before the grant of probate is issued.

A caveat initially lasts for six months and stops a grant of probate being issued during that time. It can be extended if the dispute still hasn’t been resolved. For beneficiaries, a dispute can mean waiting even longer for their inheritance to come through.

If you’re waiting for an inheritance because a dispute is holding up the estate, an Inheritance Advance can give beneficiaries access to up to 50% of what they’re due to inherit before the estate is settled.

Speak to the team and apply today.

How can an inheritance dispute be resolved?

An inheritance dispute can often be resolved by talking things through, using mediation or getting legal advice without having to go to court.

Talking it through

Sometimes an inheritance dispute starts because people don’t know what’s happening. If you’re a beneficiary and you’re worried about the estate, asking the executor for an update can be a good place to start.

You may find that there’s a reason for the delay or decision you’re worried about. If there isn’t, asking questions early can at least make it clearer what the disagreement actually is.

Mediation

Mediation gives everyone involved a chance to talk about the dispute with the help of an independent voice. 

The mediator doesn’t decide who’s right or tell the family what they have to do. Their job is to help everyone understand each other’s position and see whether they can come to an agreement.

Getting legal advice

Getting legal advice can help you understand whether you actually have grounds to challenge what’s happening and what you can do next.

What happens if an inheritance dispute can’t be resolved?

If an inheritance dispute can’t be resolved, it may need to go to court. However, going to court can be expensive, and you shouldn’t assume the estate will pay everyone’s legal fees.

Depending on what happens, one person may be ordered to pay some or all of another person’s legal costs. That’s another reason it’s worth trying to understand whether a disagreement can be resolved before it reaches that stage.

How Provira can help while a dispute is being resolved

If you’re waiting for an inheritance because a dispute is holding up the estate, the delay can be frustrating, especially if you had expected to use the money for something important.

Provira’s Inheritance Advance can give beneficiaries access to up to 50% of what they’re due to inherit before the estate is ready to pay them.

There are no monthly repayments, no personal guarantees and no charge over your home.

We charge simple rather than compound interest, and there are no early repayment fees if the estate settles sooner than expected.

Before you decide anything, our team is on hand to explain how much you could access, what the advance would cost and how repayment works.

Speak to the team and apply today.