Can I challenge the inheritance?

The courts will consider challenges to the distribution of inheritance based on various legal grounds, such as:

• If the will is not legally valid
• If you were dependent on the deceased person for financial support
• If the distribution of the inheritance is being managed improperly
• If promises were made that have not been met

Only certain people connected to the deceased person can legally dispute inheritance. People have the right to make a claim on the grounds above if they qualify by the legal criteria set out within law. This is known as ‘Legal Standing’.

When representing our clients for inheritance disputes, the first thing we need to do is establish whether they have legal standing. This relates to your relationship to the person who has died, and can include:

• Were you married to them?
• Were they your parent?
• Were you financially dependant on them?
• Are you a direct descendant of them?
• Are you included in their current or previous will?
• Are you within the time limits to raise a legal dispute?

If you do not meet any of these conditions, it may not be possible to dispute the inheritance.

The likelihood of successfully disputing inheritance depends on the strength of the claim. This strength of the claim is also known as its ‘merit’. The courts will look more favourably on a stronger case with more merit, for example:

• A spouse from a long marriage will have a stronger claim than a spouse from a short marriage.
• A financially dependent child under 18 will have a stronger claim than an adult child with their own income.

These are just a couple of examples, but there can be many different factors that impact the strength of a claim.

When representing our clients we assess all the relevant criteria in detail to establish the likely merit. The more merit a claim has, the more likelihood there is of the courts awarding a higher sum.

Deciding to dispute inheritance can be a difficult undertaking because of the sensitivity around losing a loved one, or the resulting disagreements which often arise. People are often grieving, or angry about a situation which they feel is unfair, and family dynamics are often at play.

If you are legally entitled to a greater share of the inheritance, you are entitled to protect your interests, and this is where experienced legal representation can help. There may be a breakdown of communication between siblings or relatives, and your solicitor can act as a go-between to mediate and minimise unwanted arguments.

Sometimes, inheritance disputes are just about respecting the wishes of the person who has died, or correcting what is seen as wrong. For some, challenging inheritance in these circumstances is the right thing to do, even just for the peace of mind of respecting a persons dying wishes.

Whatever the reason for challenging inheritance arrangements, the reality is that moral and legal issues are completely separate issues, and you can only make a claim if you have legal standing. Even if a situation seems unfair, the courts will only consider the legal aspects of the case.

As part of our free consultations we make a full assessment of your legal standing, and explain your rights clearly. Sometimes, understanding whether you have the right to raise a dispute is enough to give peace of mind about a situation which may well seem unfair, but has no basis in law.