I sat with two brothers last month. Their father had died six months earlier. The family home, worth around £850,000, was unsold. Their inheritance was frozen. Legal fees were approaching £50,000 and rising. The third sibling, their sister, was no longer speaking to them. This is what a contentious probate dispute looks like on the ground.
The Last-Minute Will The father had been ill for some years. The sister had been his primary carer. Two weeks before he died, a new will appeared. It left 90% of the £1 million estate to her. The previous will, made ten years prior, had split the estate three ways. The brothers believed their father lacked the mental capacity to make this change. They suspected their sister had pressured him. The law calls this undue influence.
A dispute like this stops everything. The brothers’ solicitor lodged a caveat with the Probate Registry. This freezes the estate, initially for six months. No assets can be sold or distributed until the court decides if the will is valid. The family is paralysed.
The Cost of Ambiguity Disputes over a will's validity are not about fairness. They are about legal process. Was the person of sound mind? Were they free from coercion? Was the document signed and witnessed correctly? Any doubt creates an opening for a legal challenge. These challenges can take 12 to 18 months to resolve. The emotional cost is immense. The financial cost erodes the very inheritance being fought over.
A Clearer Path This situation was avoidable. A key planning implication for UK families is the Lasting Power of Attorney, or LPA. An LPA for property and financial affairs, put in place while the father was of sound mind, would have appointed someone to manage his assets as his capacity declined. It creates a clear, documented structure with legal duties for the appointed attorney. This transparency reduces the scope for suspicion later on. A professionally drafted will, made when in good health and reviewed every five years, is the foundation. The LPA is the guardrail that protects everyone during a vulnerable time.
These are difficult things to face. Planning for them doesn't have to be. If this story raises questions for you, my door is open.
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Written by Sean Kiani, Estate Planner at Inheritance Made Simple. Sean writes and reviews the firm's guidance on estate planning, wills, trusts and inheritance tax, and works with families across Bournemouth, Poole, Dorset and Central London. Verify Sean's Society of Will Writers membership listing.