Few things create tension like inheritance. Grief, family history, and money can be a volatile mix — and sometimes a will doesn’t match what people expected.

Inheritance Disputes: What Can You Do If a Will Feels Unfair?

Few things create tension like inheritance. Grief, family history, and money can be a volatile mix — and sometimes a will doesn’t match what people expected.

If you believe a will is unfair, it can be hard to know whether you’re “allowed” to challenge it, what grounds exist, or what the process looks like. Some disputes are resolved quickly with calm advice; others become more complex.

This article explains, in a straightforward way, what options may exist if a will feels wrong — and why early legal guidance matters.

First: “unfair” doesn’t always mean “invalid”

A will can be disappointing or surprising and still be legally valid. In England and Wales, people generally have the right to leave their estate as they choose.

However, there are situations where a will can be challenged, or where a claim can be made for reasonable financial provision — even if the will itself is valid.

Common reasons disputes arise

Inheritance disputes often start with one of these themes:

• A close relative or partner has been left out entirely.

• Someone has received significantly more than others, with no clear explanation.

• A will was changed late in life, especially where a new friend, partner, or carer is involved.

• There are concerns about pressure, vulnerability, or capacity.

• The will is unclear or appears to contain errors.

Grounds for challenging a will

A will might be challenged on legal grounds such as:

Lack of mental capacity

The person making the will must understand what they are doing, broadly what they own, and who might reasonably expect to benefit. Concerns sometimes arise where dementia or serious illness was involved.

Undue influence

This is where someone may have been pressured into making a will they didn’t truly want. These cases can be complex and evidence-heavy.

Lack of knowledge and approval

Even if someone signed a will, the question can be whether they truly understood and approved its contents — for example if it was rushed or poorly explained.

Improper execution

Wills must meet strict formal requirements (including witnessing). If those aren’t met, the will may be invalid.

Fraud or forgery

Rare, but taken very seriously.

Claims for reasonable financial provision

Even where a will is valid, certain people may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975 if the will (or intestacy rules) fails to make reasonable financial provision.

Potential claimants can include:

• spouses and civil partners;

• former spouses (in some circumstances);

• cohabiting partners (if criteria are met);

• children (including adult children in some situations);

• people who were financially maintained by the deceased.

These claims are very fact-specific, and time limits apply — so early advice is important.

What to do if you’re worried

If you have concerns, it helps to act calmly and quickly.

• Don’t confront people impulsively. Emotions run high and it can escalate.

• Gather what you can. Copies of the will, prior wills if known, key dates, and any relevant communications.

• Get advice early. Even one conversation can clarify whether you have a realistic claim and what the next steps would be.

Many disputes resolve through negotiation or mediation without going to court. A well-handled early approach can preserve relationships and reduce cost.

Inheritance disputes are never just legal — they’re personal. But if a will feels unfair, there may be options, depending on the circumstances. Some challenges focus on whether the will is valid; others involve a claim for financial provision even if the will stands.

If you’re facing a potential dispute, Edward Hands & Lewis Solicitors can explain your position in clear terms and help you take a measured, practical approach towards resolution.

Edward Hands & Lewis Solicitors[Text Wrapping Break]Visit: www.ehlsolicitors.co.uk[Text Wrapping Break]Call: 0115 955 3444[Text Wrapping Break]Email: info@ehlsolicitors.co.uk

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The information contained in this article does not constitute financial advice or recommendation and should not be considered as such. Edward Hands and Lewis Solicitors does not offer financial advice and is not regulated by the Financial Conduct Authority (FCA), the authors of this article are not financial advisors and are therefore not authorised to offer financial advice.

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