Disputes over Wills

“…ruthless scumbags who will seek to extract large sums from an estate…” — An Enemy in the Village, The Dordogne Mysteries, Book 18

Of course, family disputes over Wills and Intestacy are not generated by lawyers, but by their clients. In the wake of a loved one’s passing, emotions run high, and questions about inheritance can quickly escalate into complex legal battles.

I can advise or act in any of the types of dispute below, or arrange alternative dispute resolution — such as mediation or arbitration — without resorting to lengthy court battles.

Usually, a request needs to be made to the solicitors who drafted the Will for information — they have a duty to respond appropriately to pre-claim disclosure requests, in the spirit of Larke v Nugus (2000) WTLR 1033.

The main sources of dispute

• A claim that the Will is invalid — forgery, technical failure, a witness who was also a beneficiary, incapacity of the testator, or undue influence from someone. See also Mental Capacity.
• A claim that the Will, or the intestacy rules, do not make reasonable provision for a close relative — under the Inheritance (Provision for Family and Dependants) Act 1975.
• A claim that there is a later Will.
• DNA evidence claims that a potential beneficiary is, or is not, a “child”, “brother”, “sister”, “aunt”, and so on. See also Difficulties, dangers & quirks.
• Arguments about the interpretation of the Will, or the removal of an executor or trustee.
• Claims for a debt against the estate, or against the estate for damage caused by land it owns.
• Disputes about how the deceased’s body should be dealt with — for example, Godwin v Godwin [2026] EWHC 923 (Ch).

Sometimes the dispute seems to have been deliberately engineered by the deceased — as in the fictional television drama I, Jack Wright.