What Is the Burden of Proof When Disputing an Inheritance?

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.

A Simple Guide To Challenging a Will

Disputing an inheritance is rarely straightforward, so it’s vital to know what the burden of proof is when disputing an inheritance?  When emotions run high and family relationships are involved, conflicts may quickly escalate into legal disputes. At the heart of these cases lies a crucial question: who carries the burden of proof when contesting an inheritance?

Understanding ‘the burden of proof’ is crucial if you are thinking about bringing a contentious probate claim to challenge a will.

What Does “Burden of Proof” Mean in Inheritance Disputes?

The burden of proof is the legal responsibility placed on a party to prove their case. In inheritance disputes, this means the person making the claim or challenging a will must usually prove their allegations with credible evidence. It’s not enough to make accusations about fraud, undue influence, or lack of capacity; you must provide convincing proof.

Courts rely on the balance of probabilities. This means you must show that it is more likely than not (greater than 50%) that your version of events is correct. This is a lower threshold than the criminal standard of “beyond reasonable doubt,” but it still requires strong, persuasive evidence.

Who Has the Burden of Proof in an Inheritance Dispute?

The answer depends on the nature of the dispute. Generally, the party challenging the will carries the burden of proof. Here’s how it usually plays out:

1. Challenging the validity of a will – If you claim the will is invalid due to undue influence, fraud, or lack of capacity, you must be able to prove those claims.
2. Proving testamentary capacity – Initially, the law presumes that the person making the will (testator) had the mental capacity to do so. If you challenge capacity, you bear the burden of proving they lacked it. However, if there is medical evidence raising real doubt, the burden may shift back to those defending the will.
3. Undue influence – If you allege that someone coerced the testator, you must prove that influence was so overwhelming that the will no longer reflected the testator’s true intentions.
4. Fraud or forgery – If you argue that a will was forged or signed under fraudulent circumstances, the burden of proof falls squarely on you.
5. Inheritance (Provision for Family and Dependants) Act 1975 claims – If you are not disputing the will’s validity but instead seeking “reasonable financial provision,” the burden is on you to show that the distribution of the estate fails to provide adequately for your needs.

The Balance of Probabilities: How Courts Decide

Courts decide inheritance disputes based on the balance of probabilities. In practice, this means the judge will weigh the evidence and ask: is it more likely than not that this claim is true?

For example:

• If you allege undue influence, you do not have to prove it beyond all doubt. You must only show that it is more probable than not that undue influence occurred.
• If the evidence is equally balanced, the claim fails because the burden rests with the challenger.

This system favours clear, credible evidence. The stronger and more consistent your evidence, the higher your chance of success.

Evidence That Supports an Inheritance Dispute

Since the burden of proof rests with the challenger, gathering strong evidence is essential. The types of evidence that can strengthen your case may include:

• Medical records – to show lack of mental capacity at the time the will was made.
• Witness statements – from those present when the will was signed or who observed the testator’s condition.
• Expert reports – from medical professionals, handwriting experts, or forensic specialists.
• Correspondence – letters, texts, or emails showing coercion, threats, or manipulation.
• Previous wills – to demonstrate sudden or suspicious changes in beneficiaries.

Without solid evidence, inheritance disputes are unlikely to succeed.

Shifting the Burden of Proof

Although the starting point is clear – claimants must prove their case- there are situations where the burden may shift.

• Suspicious circumstances – If evidence raises real doubts about the testator’s capacity or the circumstances under which the will was signed, the burden may shift to those defending the will to show that it was validly executed.
• Presumption of due execution – Courts generally presume that a will signed and witnessed correctly is valid. Challengers must be able to disprove this presumption with solid evidence.

This shifting dynamic is why legal advice is crucial. A solicitor can help identify whether the burden might move to the other party in your case.

Practical Implications for Disputing an Inheritance

If you are considering challenging a will, understanding the burden of proof has direct practical implications:

1. You must build a strong evidential foundation before filing a claim. Courts expect more than speculation.
2. You may face significant legal costs if you fail to meet the burden of proof. Inheritance disputes can be expensive, and the losing party may be ordered to pay costs.
3. Early legal advice can prevent wasted effort. A solicitor can assess whether you have enough evidence to meet the burden of proof and advise on alternative dispute resolution.
4. Mediation is often encouraged. Since the burden of proof makes inheritance disputes risky, many cases settle through negotiation or mediation rather than trial.

Top FAQs on Inheritance Disputes

Who has the burden of proof when contesting a will?
The person challenging the will carries the burden of proof. They must show, on the balance of probabilities, that the will is invalid due to reasons such as undue influence, fraud, or lack of capacity.

What is the standard of proof in inheritance disputes?
The standard is the civil test: the balance of probabilities. You must prove it is more likely than not that your claim is true.

Can the burden of proof shift in inheritance disputes?
Yes. If evidence raises real doubts about a will’s validity, the burden may shift to those defending it to prove the will was validly executed.

What evidence is needed to dispute a will?
Medical records, witness statements, expert reports, correspondence, and previous wills can all be used to meet the burden of proof.

What To Do Next

When disputing an inheritance, the burden of proof usually falls on the person challenging the will. Courts require evidence that convinces them, on the balance of probabilities, that the claim is valid.

If you are considering contesting an inheritance, seek legal advice early.

At Jefferies Claims, we’ll guide you through every step of your claim. We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

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