Unhappy With Your Inheritance That’s Too Small

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

Written by Tanya Waterworth, Digital Content Writer

Can You Contest a Will To Increase Your Inheritance Share in England & Wales?

If you’re unhappy with your inheritance tat’s too small, you may be able to challenge the will. If a loved one dies and a beneficiary finds out that they’ve been left far less than expected, it can feel confusing and emotional. So, if this has happened to you and you feel that you were promised more during your loved one’s lifetime, or believe the will simply doesn’t reflect their true intentions, you may be able to contest the will.

Many beneficiaries mistakenly believe that because they’ve been left something in the will, they cannot challenge it. But receiving a smaller-than-expected inheritance doesn’t prevent you from raising concerns or starting a contentious probate claim.

Why You Might Receive a Smaller Share Than Expected

A good starting point is to ask why this has happened? People typically feel blindsided if they receive less than they anticipated. We have seen that reasons may include:

• A will was updated late in life.
• A new partner or step‑family changed the estate dynamics.
• An executor influenced decisions or mismanaged the estate.
• Promises were made informally but never recorded.
• A vulnerable person was pressured into changing their will.
• A parent unintentionally created unequal shares between siblings.

Legal Options If Your Inheritance Is Too Small

Even as a beneficiary, you can challenge a will or raise concerns about how the estate is being handled. Below are some of the main dispute types which are recognised in England and Wales.

1. Challenging the Will’s Validity

If you feel the will does not reflect the true wishes of the person who died, you can challenge its validity, for example:

• The person lacked mental capacity.
• They were pressured or coerced.
• The will was not signed or witnessed correctly.
• Fraud or forgery occurred.

Example: Unequal Shares Between Siblings

You and your sibling were always told the estate would be split equally. The final will leaves your sibling 80% and you only 20%. You discover the will was signed during a period when your parent had advanced dementia. You may be able to challenge the will based on lack of testamentary capacity.

2. Undue Influence Claims

Undue influence occurs when someone pressures or manipulates the person making the will. These cases are complex so obtaining strong evidence to support them is vital.

Example: A New Partner Pressures the Deceased

Your parent’s new partner became heavily involved in their finances and isolated them from family. The will was changed shortly before death, giving the partner a large share and leaving you significantly less. You may have grounds to argue undue influence.

3. Inheritance Act Claims

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can claim more from an estate if the will (or there’s no will and intestacy rules should apply) fails to provide reasonable financial support. Eligible claimants include:

• Spouses and civil partners
• Former spouses who haven’t remarried
• Children (including adult children)
• People financially maintained by the deceased
• Cohabiting partners (minimum two years)

Example: Adult Child Receiving a Token Amount

You receive £1,000 from your parent’s estate, despite having relied on them for regular financial help. You may bring an Inheritance Act claim arguing that the will does not provide reasonable financial provision.

4. Proprietary Estoppel Claims

These are claims based in broken lifetime promises. Therefore you may be able to claim more from the estate if someone made a clear promise about what you would inherit and you relied on that promise to your detriment.

Example: “The Farm Will Be Yours One Day”

You spent 20 years working on a family farm for low wages because your parent repeatedly promised you would inherit it. The will instead leaves the farm to another relative. In such a scenario, you may have grounds for a proprietary estoppel claim.

 5. Executor Disputes

Executors must act fairly, transparently, and in the best interests of all beneficiaries. If an executor behaves improperly, you can challenge their actions.

Example: Executor Favouring One Beneficiary

An executor who is also a beneficiary delays distributing assets, undervalues property, or hides information. You may raise an executor dispute and ask the court to intervene or remove them.

6. Disputes Over Lifetime Gifts

If assets were transferred shortly before death, you may be asking whether those gifts were valid or whether they unfairly reduced your inheritance. Wills made shortly before someone dies often trigger concerns among family members.

Example: Large Transfer Before Death

A parent transfers £50,000 to a relative weeks before passing away. You may challenge the gift if the parent lacked capacity or was pressured.

7. Fraud or Forgery Claims

If you suspect the will was tampered with, forged, or fraudulently created, it’s advisable to challenge it as early as possible. Fraud or forgery involved in a will is regarded as a very serious issue.

Example: Suspicious Signature

The signature on the will looks different from the deceased’s usual handwriting. A handwriting expert may support a forgery claim.

What Evidence Should You Gather?

An experienced contentious probate solicitor will be able to help you to identify the most relevant evidence needed for your specific claim. It helps to have strong evidence to back up your claim and this may include:

• Medical records showing cognitive decline
• Emails, texts, or letters showing promises or pressure
• Witness statements
• Financial records showing dependency
• Copies of previous wills
• Property or business documents
• Proof of your involvement in the deceased’s affairs

How a Contentious Probate Solicitor Can Help

Contentious probate is generally complex and it’s highly advisable to consult with a specialist solicitor who is able to:

• Assess whether you have a strong legal basis to challenge the will
• Explain which dispute type fits your situation
• Gather evidence and build a compelling case
• Negotiate with executors or other beneficiaries
• Apply to stop probate if necessary
• Represent you in mediation or court
• Work to increase your inheritance or secure a fair settlement

Most contentious probate disputes settle without going to court, especially when handled by an experienced solicitor who understands the complexities of family dynamics, estate law, and negotiation strategy.

We partner with contentious probate solicitors who offer a free consultation to assess your concerns and advise whether you have a valid claim.

FAQs: Why Speak to a Contentious Probate Solicitor?

Do I have a valid claim if I received something?

Yes, beneficiaries may still contest a will or bring an Inheritance Act claim.

Can a solicitor stop probate while investigating my concerns?

Yes, as they can lodge a caveat which pauses probate for up to six months, providing time to investigate concerns.

Will challenging a will cause family conflict?

Having a solicitor on your side helps to manage communication and aim for mediation to reduce tension among family member so that a resolution may be found.

Is there a time limit?

Inheritance Act claims must be made within six months of the grant of probate.

How do solicitors increase my chances of success?

Contentious probate solicitors understand the legal tests, gather evidence, and negotiate strategically.

What To Do Next?

If you are in a situation where you’re a beneficiary of a will but unhappy with your inheritance which is far less than expected, give us a call today.

Our panel of contentious probate solicitors offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding.

📞 Call us at 0333 358 3034 for a free no-obligation chat or visit our Contact Us Page.