My sibling is contesting my parent’s will

Whilst many hope that the death of a parent would only bring you and your siblings closer together, sibling rivalry, whether long-founding or recently formed, can often get worse following the death of a parent. 

 

Emotions are heightened and grief can fuel all sorts of arguments particularly where the parent’s will has left somebody out, which can result in a brother or sister contesting the will. 

 

In England and Wales there is no requirement on parents to provide for their children on their death nor must they provide for children equally. Despite this, where a parent disinherits one child and not the other or leaves one child a significant amount and the other much less, it often triggers inheritance disputes as to the validity of the will by the disappointed child. With this often comes accusations as to the care provided to the parent or the motive behind the relationship which makes disputes between siblings all the more filled with emotion and anger. 

 

So, what happens if your brother or sister contests your parent’s will? 

The first thing that may happen when a sibling contests a parents will is that the disappointed sibling place a Caveat on the parent’s estate. 

A Caveat prevents anyone from obtaining the Grant of Probate and so delays administration of the estate pending resolution of the dispute. If the Grant of Probate has already been obtained, you or the personal representatives of the estate may receive a request to place administration of the estate on hold whilst investigations take place. Personal representatives should remain neutral to any claim and as such, are advised to place administration on hold whilst the dispute is resolved so as to avoid any personal liability for any distribution. As a beneficiary, you are not required to be neutral and can defend claims brought by siblings. 

You may then receive a ‘Letter of Claim’ or similar, setting out details of the claim. This should usually set out the grounds on which the will is being contested and any evidence to support that suggestion. Evidence often includes medical records, notes from the will file and witness evidence. 

 

If a Caveat has been entered or you are on notice of a claim, it is sensible to seek legal advice on your position. You will usually need to respond to the Letter of Claim with a ‘Letter of Response’. This will again include evidence to support your position that the will is valid and can include suggestions for resolution of the dispute. 

As with many cases and particularly where siblings are challenging a will, it is sensible to consider ways to avoid Court and try to reach an agreement that works for everyone. 

 

Mediation is often an effective way to try a settle the claim without going to Court. Mediation involves a ‘mediator’ who will go between the parties to assist in attempts to settle the claim. Parties do not have to see one another, and mediations can be conducted remotely with little inconvenience to those taking part. 

With 1 in 3 people relying on an inheritance, disputes over inheritance arrangements can often occur following the death of a family member. 

 

If you are unhappy with your share of inheritance and want to learn whether you can challenge the current arrangements, we have created a tool that can help you understand the legal issues around these disputes and give you an instant answer to whether anything can be done to resolve your situation. 

 

The tool asks a series of questions covering the typical issues people face in an inheritance dispute situation. It provides detailed guidance to help users understand whether they have the right to dispute and then advises on the likelihood of success based on their situation. 

 

The tool is completely free and easy to use.