Disputes over a deceased person’s estate can be deeply distressing, often arising at a time when families are grieving and emotions are heightened. Whether the conflict involves the validity of a will, the conduct of executors, or disagreements between beneficiaries, estate disputes require sensitive yet decisive legal handling. At Blackstone Solicitors, we specialise in resolving estate disputes across England and Wales, offering expert guidance and representation to individuals, families, and professionals.
This article explores the nature of estate disputes, the legal grounds on which they arise, and how our solicitors can help you navigate these complex and often emotionally charged matters.
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What Is an Estate Dispute?
An estate dispute refers to any disagreement or legal challenge relating to the administration or distribution of a deceased person’s estate. These disputes can take many forms, including:
- Challenges to the validity of a will
- Claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975
- Disputes between executors or administrators
- Allegations of undue influence or lack of capacity
- Concerns over mismanagement or breach of duty
- Disagreements between beneficiaries
- Claims involving trusts or jointly owned property
Estate disputes may arise shortly after death or many months into the probate process. They can involve modest estates or complex, high-value assets including property, businesses, and agricultural land.
Common Causes of Estate Disputes
Estate disputes often stem from a combination of legal uncertainty and personal grievance. Some of the most common causes include:
- Lack of Testamentary Capacity
A will may be challenged if the testator (the person who made the will) lacked the mental capacity to understand its nature and effect at the time it was made. This is particularly relevant in cases involving dementia or other cognitive impairments.
- Undue Influence
If someone exerted pressure or manipulation over the testator, resulting in a will that does not reflect their true intentions, the will may be declared invalid. This often involves carers, family members, or individuals in a position of trust.
- Improper Execution
A will must comply with strict legal formalities under the Wills Act 1837. If it was not properly signed or witnessed, it may be invalid.
- Inheritance Act Claims
Certain individuals—such as spouses, children, and dependants—may bring a claim under the Inheritance Act if they believe the will or intestacy rules fail to make reasonable financial provision for them.
- Executor Disputes
Executors have a duty to administer the estate fairly and in accordance with the law. Disputes may arise if an executor is accused of mismanagement, delay, or favouritism.
- Disagreements Between Beneficiaries
Beneficiaries may disagree over the interpretation of the will, the valuation of assets, or the timing of distributions. These disputes can escalate quickly without proper legal guidance.
Who Can Bring an Estate Dispute?
Estate disputes may be brought by a range of individuals, including:
- Beneficiaries named in the will
- Individuals who were excluded from the will
- Family members entitled under intestacy rules
- Executors or administrators
- Creditors of the estate
- Individuals promised an inheritance that was not honoured
To bring a claim, the individual must have legal standing—meaning they have a recognised interest in the estate or its administration.
How Our Estate Dispute Solicitors Can Help
At Blackstone Solicitors, we offer comprehensive legal support for all types of estate disputes. Our services include:
- Initial Advice and Case Assessment
We begin by reviewing your situation, assessing the strength of your claim, and advising on the most appropriate legal route. This may involve reviewing the will, obtaining medical records, and identifying key witnesses.
- Mediation and Negotiation
Many estate disputes can be resolved without going to court. We facilitate mediation and negotiation to help parties reach a fair and amicable settlement. This approach is often quicker, less costly, and less adversarial than litigation.
- Court Representation
Where necessary, we represent clients in court proceedings, including claims under the Inheritance Act, challenges to the validity of a will, and applications to remove executors. Our solicitors are experienced in handling complex and high-value disputes with professionalism and discretion.
- Executor and Trustee Advice
We advise executors and trustees on their legal duties, helping them navigate disputes and avoid personal liability. We also assist in applications for directions, removal, or replacement where appropriate.
- Dispute Prevention
For clients making or updating their wills, we offer strategic advice to minimise the risk of future disputes. This includes clear drafting, capacity assessments, and documentation of intentions.
Time Limits and Urgency
Estate disputes are subject to various time limits, depending on the nature of the claim:
- Claims under the Inheritance Act must be brought within six months of the grant of probate.
- Challenges to the validity of a will should be made as soon as possible, ideally before the estate is distributed.
- Claims for breach of trust or executor misconduct may be subject to limitation periods under civil law.
Delays can prejudice your case and make it more difficult to recover assets or reverse transactions. We recommend seeking legal advice promptly if you have concerns about an estate.
Sensitive and Strategic Approach
We understand that estate disputes are not just legal matters—they are deeply personal. They often involve family relationships, long-standing grievances, and emotional distress. Our solicitors approach each case with sensitivity, empathy, and strategic insight.
We aim to resolve disputes efficiently and fairly, preserving relationships where possible and protecting our clients’ interests at every stage.
Case Studies
While every case is unique, here are examples of how we’ve helped clients in estate disputes:
- A daughter excluded from her father’s will successfully challenged it on grounds of undue influence, resulting in a negotiated settlement.
- An executor accused of delaying probate was removed by court order, and a professional administrator was appointed.
- A cohabiting partner brought a successful claim under the Inheritance Act after being left out of the will, securing financial provision from the estate.
- A dispute between siblings over the interpretation of a will was resolved through mediation, avoiding court proceedings and preserving family ties.
Why Choose Blackstone Solicitors?
Blackstone Solicitors is a trusted name in contentious probate and estate dispute resolution. We offer:
- Specialist expertise in probate, wills, and inheritance law
- Clear, practical advice tailored to your circumstances
- Strong negotiation and litigation skills
- A commitment to client care, confidentiality, and professionalism
- Nationwide service across England and Wales
Whether you are bringing a claim, defending one, or seeking to prevent future disputes, our team is here to help.
Conclusion
Estate disputes can be complex, emotional, and legally challenging. Whether you are concerned about the validity of a will, the conduct of an executor, or your entitlement under the estate, expert legal advice is essential.
At Blackstone Solicitors, our estate dispute solicitors provide clear, strategic guidance to help you resolve matters efficiently and fairly. We understand the stakes and are committed to protecting your rights and interests.
If you are involved in an estate dispute or wish to discuss your concerns, contact our team for a confidential consultation.
How we can help
We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of wills and probate. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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