Inheritance Disputes Between Siblings and Family
Losing a loved one is one of life’s hardest experiences. It seems almost cruel that when you’re grieving and vulnerable, you need to immediately sort out the deceased person’s final affairs. From clearing their home to starting the probate process, it’s a colossal job and often very stressful.
Things become even harder if questions or arguments arise over the deceased’s final affairs. Disagreements over who should inherit which family heirloom, mysteriously vanishing wills, or being unexpectedly left nothing — there are so many potential sources of conflict.
And where family and inheritance are concerned, tensions can rise fast. Relationships can be permanently scarred, and if someone ends up taking the legal route, things can get expensive very quickly. If relatives are prepared to fight until the bitter end, the estate could even be drained to pay legal fees.
Luckily, this is the worst-case scenario. Most family inheritance disputes between siblings or family never get anywhere near a courtroom, even if lawyers are involved.
However, it’s understandable if you’re worried about inheritance disputes between siblings or family; it’s a problem you just don’t need right now. This article sets out the five main steps you can take to help you resolve your inheritance dispute as quickly and calmly as possible.
1. Find the will and other documents
In many cases, inheritance disputes arise because relatives can’t find the will or don’t know whether the deceased made one, causing uncertainty over their final wishes.
It sometimes means that people who expect to inherit are put at risk of receiving nothing. For example, if someone dies intestate (without leaving a will), their unmarried partner or stepchildren cannot inherit. The only way they could inherit is by applying to the court, but this is a long, expensive process with no guarantee of success.
The first step to resolving issues like this is to search for the will and any accompanying documents, such as codicils (later additions to wills) and letters of wishes. Make sure that the document you locate is the most up-to-date version.
Many lawyers will offer a free will storage service. So, your first port of call should be to contact the lawyer who wrote the deceased person’s will. If they don’t have it or the deceased didn’t use a lawyer, search the deceased’s belongings.
Remember, homemade wills have to comply with legal requirements such as being signed to be valid. Seek legal advice if you’re unsure.
If you find the will and it’s valid, great! It will record the deceased’s final wishes, and these will usually win in any inheritance disputes between siblings or family. A letter of wishes may provide even more detail about why the deceased made certain choices (for example, to leave a family member out of the will), which can help you resolve or avoid arguments.
If you can’t find a will, the deceased likely died intestate. In this case, you should speak to a lawyer as there are special rules for dealing with intestate estates.
2. Have an open conversation with your family
Many will disputes start because of poor communication. For example, the beneficiaries may not understand why it’s taking so long to receive their inheritance because they don’t understand that probate can take substantial time.
If you’re an executor of the estate, you may decide to hold an official reading of the will with the deceased’s beneficiaries. You may also find it helpful to sit down with the family to explain things such as:
- How the probate process works
- What are the expected time spans
- How much everyone can expect to receive after costs like funeral bills and inheritance tax are paid
If the deceased also left a letter of wishes that holds information relevant to the dispute, such as their reasons for excluding someone from the will, you may decide to share it.
Alternatively, you may believe that disclosing the contents could fuel the fire. Fortunately, while a will becomes a public document after probate is granted, letters of wishes can typically be kept private — you don’t have to share the contents if you don’t want to.
3. Speak to a lawyer who specializes in will and inheritance disputes
If you’re finding it hard to cope with the dispute by yourself, consider speaking to a lawyer who specializes in will and inheritance disputes between siblings or family.
Although it’s sometimes viewed as an act of aggression, hiring a lawyer can actually help you prevent things from getting out of hand. Lawyers are experts at dispute resolution and can advise on the best approach.
Your lawyer can speak to your family on your behalf. And as they don’t have a personal connection to the case, they may be able to keep things calm.
4. Try informal conflict resolution
Your lawyer may recommend informal methods of dispute resolution. This will usually involve sending a letter with your legal position to the people involved.
It may also be worth trying dispute resolution processes such as mediation to find a resolution. Mediation involves attending a meeting with the aggrieved parties to discuss possible resolutions. A neutral mediator will also be present to help you and reduce the risk of conflict.
Mediators can’t give legal advice or take sides. So, if you can make an agreement in mediation, seek legal advice on the terms.
5. Go to court
If informal dispute resolution doesn’t work out, the final option is formal legal proceedings. This usually involves applying to court, for example, to claim a share of the inheritance, remove executors, or challenge the validity of the will.
Going to court to resolve inheritance disputes between siblings or family is expensive, stressful, and can take years to resolve. Judges and lawyers will usually encourage you to settle out of court, and most cases don’t reach full trial.
It’s essential to seek legal advice before making or defending a will or inheritance court claim because if you lose, you may have to pay costs out of your pocket.
Final top tip for resolving inheritance disputes between siblings or family
In this article, we’ve explained the stages you should go through the resolve a will or inheritance dispute after someone dies. Fortunately, only a tiny percentage of disputes reach the court stage. However, the most important thing you can do to avoid reaching this stage is act fast.
As soon as you suspect a problem, be ready to nip it in the bud. This may even be while your loved one is still alive. For example, you could:
- Ask them where their will is so you can find it quickly after they die
- Talk to them about their wishes
- Make sure other people aren’t placing undue influence, such as convincing your loved one to change their will at the last minute
Finally, don’t be afraid to speak to a lawyer early on to reassure you of your rights, and to help you take legal action if needed.