Common Mistakes Which Damage Inheritance Claims

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Why You Should Use a Contentious Probate Solicitor

Inheritance claims are increasing in England and Wales largely due to blended families and rising property prices and there are common mistakes which damage inheritance claims. By making avoidable mistakes, many people weaken their claims – sometimes beyond repair. Inheritance disputes arise due to a family member being left without sufficient financial provision, the validity of wills, and challenges involving executors who fail to administer estates properly.

Therefore, if you believe you have been unfairly left out of a will, inadequately provided for, or treated improperly during probate, being aware of these pitfalls is essential. Acting quickly and getting expert legal advice are key to bringing a successful claim.

We partner with a panel of specialist contentious probate solicitors who can help. They offer a range of fee structures, including ‘No Win, No Fee’ agreements, along with other flexible funding.

For an initial free consultation on contesting a will, get in contact with our team today on what you should do next. Check the list below for common pitfalls in Inheritance Act claims,

Missing Strict Legal Deadlines

One of the most damaging mistakes claimants make is failing to act within the strict legal time limits. For claims under the 1975 Act, the deadline is six months from the date the Grant of Probate is issued. Many people do not even realise probate has been granted until it is too late.

Courts rarely agree to extend time limits for a claim which is why acting quickly is essential. However, many claimants delay because they:

• hope the situation will resolve informally
• do not want to upset family members
• assume probate will take longer
• misunderstand the type of claim they need to bring

A contentious probate solicitor will track deadlines, identify the correct claim type, and issue urgent protective proceedings if necessary.

Trying to Resolve a Dispute Informally Without Legal Guidance

Families often attempt to resolve inheritance disputes amongst themselves to keep matters “friendly”. Unfortunately, these informal discussions may go horribly wrong as families are under emotional stress and dealing with grief. Claimants frequently:

• reveal too much information
• make concessions that later harm their case
• agree to terms that have no legal standing
• allow the executor to delay the process

If you are dealing with a hostile executor, a difficult sibling, or a spouse who denies your entitlement, taking an informal approach can weaken your legal position. A solicitor can ensure communication is handled professionally, evidence is not lost or mislaid, and negotiations are conducted strategically.

Allowing Executors Too Much Control

Executors have legal duties, but they do not have limitless power. Yet many claimants allow executors, often family members, to take full control without any questions. This can lead to:

• undervalued assets
• missing estate documents
• selective disclosure of financial information
• conflicts of interest
• delays designed to discourage claims

If an executor is being uncooperative, you can request disclosure, challenge their decisions, or even apply to remove them. A contentious probate solicitor is in a position to ensure the executor complies with their statutory duties.

Not Gathering Evidence Early Enough

Successful inheritance claims depend heavily on evidence. Crucial evidence often becomes harder to locate as time passes. Common losses include:

• medical records relevant to mental capacity
• financial documents proving dependency
• communication that indicates undue influence
• diaries, letters, or emails that show the deceased’s intentions
• witness recollections, which fade over time

Many people believe they can gather documents later or rely on the executor to provide information. Solicitors know how to preserve evidence early, obtain medical records, and request financial documentation through formal legal channels.

Assuming a Will Is Valid Without Proper Investigation

A will may look legitimate, but that does not mean it is legally valid. Problems arise when:

• the deceased lacked mental capacity
• someone exerted undue influence
• the will was not properly witnessed
• a beneficiary played an inappropriate role in preparing it
• a later will exists but has not been discovered
• fraud or forgery is suspected

Claimants often assume that challenging the validity of a will is impossible, but many wills contain hidden issues. A contentious probate solicitor can review the circumstances surrounding the will’s creation, interview witnesses, check compliance with the Wills Act 1837, and instruct handwriting or medical experts where necessary.

Believing Verbal Promises Override Legal Documents

Many inheritance disputes arise because the deceased made informal promises, such as:

• “The house will be yours when I die.”
• “Don’t worry, I’ll make sure you’re looked after.”
• “You will inherit equal shares with your siblings.”

Verbal promises can sometimes form the basis of a proprietary estoppel claim or support a 1975 Act claim, but they require strong evidence. Claimants weaken their case when they rely solely on informal assurances rather than building a structured legal argument. A solicitor can help assess the promise, gather supporting evidence, and frame the claim legally.

Accepting the Executor’s Valuation Without Question

Estate valuations, particularly of property, can be contentious. Executors sometimes use outdated or deliberately low valuations. This can dramatically affect:

• the value of your inheritance
• the strength of a 1975 Act claim
• the division of the estate between beneficiaries

A solicitor can arrange independent valuations, challenge inaccurate financial assessments, and ensure that the estate is valued correctly before distribution.

Underestimating the Complexity of Inheritance Law

Trying to navigate these legal complexities without specialist guidance can lead to inaccurate assumptions, procedural mistakes, and weak claims. Claimants often file the wrong type of action or fail to include important arguments that would have strengthened their position.

 Signing Documents Without Legal Advice

Some claimants sign documents—such as agreements, deeds of variation, or estate accounts, without fully understanding the consequences. Once you sign, it may be extremely difficult to reverse the decision.

A solicitor will review all documents, explain the implications, and protect your legal position before you commit to anything.

Why You Should Use a Contentious Probate Solicitor

A contentious probate solicitor plays a vital role in protecting your inheritance rights. Here are some key reasons why getting experienced legal help is essential:

1. Expert Understanding of Probate Disputes

Contentious probate is a specialised area of law. Solicitors experienced in this field understand how to interpret wills, challenge executors, identify invalid legal documents, and navigate complex estate structures.

2. Strong Legal Strategy From the Start

An early strategic approach often determines whether you win or lose a claim. A solicitor can assess the strengths and weaknesses of your case, gather evidence promptly, and guide you through the legal process.

3. Protection From Family Conflict

Inheritance disputes are emotionally charged. Solicitors act as neutral, professional representatives so you can protect your rights without engaging in direct conflict with family members. This may help to preserve family relationships.

4. Better Negotiation Outcomes

Most inheritance disputes settle out of court. A solicitor who is skilled in negotiation and mediation can often secure a fair settlement far more effectively than a claimant acting alone.

5. Prevention of Costly Mistakes

Procedural errors, missed deadlines, and poorly framed arguments can ruin an otherwise strong case. A solicitor prevents these mistakes and ensures your claim complies with all legal requirements.

6. Ability to Apply Pressure on Executors

Executors must comply with the law. When a solicitor becomes involved, executors tend to respond more promptly, disclose documents, and handle the estate as required by their duties.

How Can We Help Today?

Inheritance disputes in England and Wales can be complex and emotionally draining, along with strict time limits,

A contentious probate solicitor ensures you avoid common errors and build a strong case. If you believe you have grounds to challenge a will or make an inheritance claim, taking early professional advice is one of the most important steps you can take.

If you need some help today, get in touch with us now on 0330 818 0351 or complete our online contact form.