How to Handle Inheritance Disputes

The initial approach to handling estate and inheritance disputes should ideally involve an open conversation with the family members or beneficiaries concerned. It’s important to approach this discussion calmly and empathetically, as emotions can run high. Make sure to take the time to listen to various perspectives and concerns, allowing for a discussion that explores the issues and seeks potential solutions.

Alternative Dispute Resolution (ADR) refers to various techniques for settling disagreements outside of the traditional court system. This approach can often be faster, more cost-effective, and less confrontational than formal court proceedings. 

There are several types of alternative dispute resolution available, which can be particularly useful for addressing inheritance disputes. Some of these methods include arbitration, negotiation, and collaborative law. However, the most commonly used form of ADR is mediation.

Mediation is a process where a neutral mediator helps conflicting parties communicate and find a resolution. The mediator facilitates discussion, clarifies issues, and explores solutions without imposing decisions. The goal is to reach a mutually agreeable settlement.

Inheritance dispute mediation offers significant benefits by tackling both the emotional and family dynamics at play, in addition to settling legal conflicts. This approach can preserve family bonds that could be strained during a legal battle.

When dealing with an inheritance dispute that includes substantial assets or intricate legal matters, it’s a good idea to seek the help of a solicitor who focuses on wills and probate law. They can assist you in navigating the legal landscape, safeguard your rights, and provide guidance on the next steps.

Additionally, they can clarify your rights whether you are a beneficiary, heir, or someone looking to contest the inheritance.

If communication and mediation don’t work out, taking the matter to court (also known as litigation) could be the last resort to resolve the disagreement. However, it’s important to consider this step only after all other options have been exhausted. 

There are several reasons why litigation should be a last resort, these include:

• Cost – Litigation can incur significant costs because of court fees, solicitor expenses, and the possibility of lengthy trials
• Time – Court cases may take several months or even years to reach a resolution, leading to considerable delays.
• Emotional impact – It can be stressful and take an emotional toll. Unlike alternative dispute resolution, litigation is a public process, which could reveal personal or sensitive details.
• Potential harm to relationships – Litigation can intensify conflicts, frequently resulting in prolonged tensions, particularly in cases involving inheritance issues.
• Uncertain outcomes – The final decision rests with the judge or jury, and it’s possible that the result won’t please everyone involved.

Families can significantly reduce conflict and reach fair solutions when dealing with inheritance disagreements by taking a proactive and thoughtful approach to the situation. By consulting legal professionals and seeking amicable solutions, families can minimise conflict and reach fair, respectful resolutions without going to court.

At GSB, we bring a wealth of experience in handling inheritance disputes, supported by a dedicated and highly skilled team focused on Wills and Probate matters. If you are struggling with family disputes over inheritance and need expert advice, then please get in touch with us today.