Inheritance Disputes in Blended Families

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.

Common Grounds in Contentious Probate Claims

Inheritance disputes in blended families are increasing the number of contentious probate claims in England and Wales. This is largely due to complicated family relationships, extended financial responsibilities and expectations spanning multiple households. A blended family is when where one or both partners have brought children from a previous relationship into a new household. If a loved one dies, second marriages, stepchildren, cohabiting partners and lifetime property arrangements may result in complicated inheritance fights.

While blended families can bring resilience and love to a family unit, they may also lead to inheritance disputes. So, if you are in this situation, we partner with a panel of specialist contentious probate solicitors who can help.

They offer a No Win No Fee option and a free, initial consultation to assess your case.

We’re here to help – so get in touch with our team today to arrange your consultation.

Why blended families may end up in court

Blended families increase the chance that someone feels left out, confused about promises, or unfairly treated. Rising house prices and the “property-rich” generation passing on assets have increased tensions. Courts and law firms report more will disputes linked to second marriages and stepfamily relationships. In addition, executors have also been facing more claims, often accused of favouritism or mismanaging an estate when family lines overlap.

We take a look below at some of the most common grounds in contentious probate claims.

Lack of testamentary capacity

To make a valid will, a testator must have testamentary capacity. This is the mental ability to understand the nature and effect of the will, the extent of their estate, and the claims to which they ought to give effect. When capacity is in doubt – for example, where dementia or illness is present – claimants may argue the testator (person making the will) lacked capacity at the time it was signed. If you’re defending a will, you will have to prove capacity.

Practical tip: wills created during illness, hospital stays, or using low-cost remote services often invite closer investigation.

Undue influence and coercion

Undue influence arises where someone exerts pressure or coerces the testator in a way that overwhelms their free will. Among blended families, dispute may allege a new spouse, partner, or caregiver coerced the testator to exclude biological children or favour a stepchild.

Strong evidence is required and anyone bringing a claim, must show clear circumstances which prove coercion.

Failure to comply with formalities

A will can be invalid if it doesn’t meet legal requirements. This is often questions over the testator’s signature and whether two independent witnesses both present.

Disputes in a blended family may arise where an elderly testator signed a will without proper witnessing (e.g., witnessed by a beneficiary). These technical errors provide grounds which may see the will set aside.

Fraud, forgery and suspicious execution

Allegations of forged signatures, back-dated wills, or documents prepared without the testator’s knowledge may come to the fore in disputes. However, fraud claims are serious but can succeed if claimants prove the will is not a valid document. Clear cases of fraud or forgery provide a strong basis for contesting probate.

Lack of knowledge and approval

Another ground may arise when a will may be invalid if a testator did not know and approve its contents. For example, if someone replaced pages without the testator being aware of this,  or alternatively may have misled the testator about what they were signing. Lack of knowledge and approval may overlaps with fraud and undue influence and a red flag could be where documents were changed shortly before death.

Claims under the Inheritance (Provision for Family and Dependants) Act 1975

Regardless of whether a will is valid or not, the 1975 Inheritance Act gives certain people the right to claim “reasonable financial provision” from an estate. Eligible claimants include spouses, former spouses (in some cases), children (including adult children), cohabitees in some circumstances, and those financially dependent on the deceased. Stepchildren do not automatically qualify unless they were treated as a child of the family, but they can sometimes bring claims depending on the facts.

In blended families, Inheritance Act claims are one of the more common grounds. If you have been left out of a will and are left without without reasonable provision, bringing a Inheritance Act claim may be the right route for you to take.

Executor Disputes

Executors have strict duties to administer an estate in accordance with the law. However, blended family disputes commonly escalate into claims against executors. This may involve accusations of misconduct, such as favouring one side, delaying distribution, or mismanaging assets. For example selling a property with the necessary authority.

Red flags for contentious probate claims in blended families

• A will done late in the testator’s life which significantly changes long-standing arrangements.
• Informal assurances such as verbal promises or “letters of wishes” that contradict the will.
• Wills prepared by close beneficiaries or witnessed by family members.
• Wills created during illness, incapacity or even under hurried circumstances.
• Children or dependants being excluded who have a clear financial need or expectation.

How to reduce risk: practical tips for blended families

1. Get professional legal advice early. A solicitor experienced in wills and trusts can draft professional wills with accurate instructions from the testator.
2. Clarify reasons and intentions. A clear letter of wishes as to why you made particular choices can reduces suspicion later.
3. Use independent witnesses and professionals. Do not ask beneficiaries to be witnesses and use a solicitor to supervise execution where possible.
4. Consider estate planning tools. Trusts, life interest arrangements or family investment companies can protect family expectations and reduce the chances of dispute.
5. Open communication with all family members. Open and direct conversations with family, or even mediated meetings can prevent later misunderstandings.

 When you believe a will is unfair – contact our team now

If you think a will is invalid or that you lacked reasonable financial provision, seek specialist contentious probate advice quickly. Time limits apply (an Inheritance Act claim typically must start within six months of grant of probate), and early legal help improves evidence gathering (medical records, contemporaneous notes, witness statements). Many disputes settle without trial, but you should act promptly to protect your position.

Our partner panel of specialist lawyers offer a range of fee structures, including ‘No Win, No Fee’ along with other flexible funding – contact our team now to arrange your free consultation:

📞 Call us: 0330 818 0351
📝 Online: Complete our online form