It can be a challenging time when a parent dies and this is rarely helped by the legal and financial responsibilities that follow.

It is not uncommon for strained family relationships to worsen during this time and the way in which a Will is written and inheritance awarded can add fuel to the fire.

If you and your siblings are facing a dispute over inheritance, it is vital that you understand your legal rights and responsibilities to help manage the situation as effectively as possible.

What should I do if there is unequal inheritance?

The most common cause of inheritance disputes is inheritance being split unequally in a Will.

However, the solution to this is not as simple as writing a Will that gives every child a mathematically equal share of an estate.

Some people can feel frustrated if they take on a caring role for their parents, only to receive the same inheritance as their siblings who may not have done as much.

Similarly, some people are financially dependent on their parents and may feel anxious if their inheritance does not address their needs.

If you are financially dependent on your parents, it is possible to challenge inheritance using the Inheritance (Provision for Family and Dependents) Act 1975 if the inheritance fails to reasonably provide for you.

How can I challenge a Will?

There are instances where you may feel that a Will may be illegitimate due to it running counter to what you knew to be the wishes of the deceased.

A Will can be challenged if there are concerns around:

• A lack of mental capacity
• Undue influence
• Fraud
• Failure to comply with legal formalities

In sibling disputes, this might manifest as a sibling getting their parent to change a Will to be more beneficial to them at the expense of the other beneficiaries.

If you believe this may have happened, you will need to collect as much evidence as possible.

Medical records and witness statements can help support your claim and seeking the support of a solicitor can help draft and review your case.

There are a number of avenues open to you if you do want to challenge a Will.

Alternative Dispute Resolution (ADR) is often encouraged and can be highly effective in reaching a financial agreement.

Mediation and arbitration can also be effective ways of keeping the matter out of court and potentially sparing what remaining relationships you have with your siblings.

Whatever the issue with the inheritance might be, the expert team at Palmers Solicitors are on hand to help you find a resolution that works for you.

We are committed to helping the people of Essex handle even the most challenging of legal matters by protecting their legal rights and showing them their responsibilities. Speak to our team today for professional support in managing inheritance disputes.