The top three causes of family arguments over inheritance, along with tips for preventing them

Probate delays are causing more cases to reach the courts, and as families wait for inheritances to be resolved, tensions between them flare up

As probate delays worsen and pressure mounts on those left behind who want a piece of a legacy, attorneys have identified the top three reasons why families fight over inheritance.

More families are being left in a state of legal limbo, with frozen assets, escalating tensions, and, in many cases, full-blown litigation, as the number of probate cases in the UK has increased by more than 30% over the last five years.

One lawyer has seen a case that has been pending for a year, and a backlog is keeping people stuck in the probate process for months.

According to David McGuire, a partner and expert in contested wills, trusts, and estates at the legal firm Weightmans, "probate system delays aren't just a hassle; they may also serve as a breeding ground for expensive inheritance disputes."

"The risk of conflict increases when probate is delayed. Probate delays may give escalating family conflicts more time to escalate or give resentful family members more time to vent their frustrations.

According to family court data for the first three months of 2025, it took an average of only two weeks to obtain probate grants, which are legal documents that attest to an executor's authority to manage a deceased person's estate, access bank accounts, sell assets, and pay off debts.

However, the average time to issue "stopped" probate grants was 13 weeks, which was a significant delay. If the application is incomplete or there is disagreement over how to divide the deceased's estate, a probate grant may be halted.

"That 13-week time frame is merely the norm; in our experience, some specialized grant applications take more than a year to process." "This disparity in processing time again gives rise to potential conflict, particularly in families where trust is already brittle," McGuire said.

Reasons why inheritance causes conflict in families.

There are many different reasons and claims for why the distribution of estates stalls, whether it's because of family conflicts or delays in the probate process, but according to McGuire, disagreements usually follow a similar pattern.

The most prevalent claims can be divided into three main groups: contests regarding the will's legality, claims made under the 1975 Inheritance (Provision for Family and Dependants) Act, and disagreements regarding the administration of the estate.

Whether the deceased was mentally capable of making a will or if they were unduly influenced by another family member are two validity issues that "tend to be the most emotionally charged and complex to evidence," according to McGuire.

In England and Wales, about 10,000 people challenge wills each year.

With new complications surrounding inheritance tax laws that will include pensions in the estate for tax purposes starting in 2027, this number may increase even more. However, a properly written will can lower the inheritance tax burden on your surviving family members.

In contrast, claims under the Inheritance Act center on financial need and are typically made by spouses, adult children, or cohabiting partners who believe they have been unjustly excluded.

A claim against a deceased person's estate may be made by certain individuals under the Inheritance (Provision for Family and Dependants) Act 1975 if they feel that the will or intestacy laws do not provide them with a reasonable amount of money.

These people are usually the deceased's close relatives or those who were financially dependent on them. Claims have to be submitted within a certain window of time, typically six months after the probate is granted.

But McGuire said some of the trickiest claims can arise around the conduct of executors.

"When conflict arises, executors are usually expected to maintain their neutrality. However, if they are also a beneficiary, neutrality may be difficult to uphold," he said.

Executors may be closely watched and consequently challenged if that dual role gives rise to a perceived conflict of interest. In certain situations, they might end up being held personally responsible for the dispute's expenses.

In blended families or when a close relative is named executor in a will, such circumstances are surprisingly frequent. It serves as a reminder that estate planning is about people, not just taxes," McGuire said.

Conflicts not only slow down the process, they make it more difficult. Delays are almost inevitable when a dispute forces a return to paper-based filing, "which happens more often than people realize," according to McGuire.

According to him, the financial and psychological costs of an unresolved estate increase with time.

The estate's value may decline, relationships may deteriorate, and legal fees may increase. Watertight estate planning and early legal advice are more important than ever for families navigating these waters," McGuire continued.

Ways to prevent delays and disputes in probate.

Inheritance disputes cannot be completely avoided, but the risk can be decreased by taking certain proactive, transparent measures.

Selecting a qualified executor or trustee is one of the best strategies. Conflict is likely to arise when family members serve as both beneficiaries and executors. Trust between heirs is preserved and impartiality is brought by an impartial third party.

McGuire added that using a discretionary trust to structure the estate can also be beneficial. This allows trustees to adapt to evolving situations and lessen inflexible results that could otherwise cause problems.

Another option is lifetime gifting, which, if done correctly, can reduce the possibility of a future Inheritance Act claim if it is thought to be a reasonable financial provision and exempt from inheritance tax.

Another way to reduce the likelihood of a dispute is to permit a gift to be given with the stipulation that the recipient will not sue the estate.

"While it's not infallible, a well-crafted no-contest clause may serve as a deterrent for those worried about irate relatives contesting the will," McGuire said.

"A letter of wishes can also be very helpful in supporting the will," he said. Although it is not legally binding, it gives decisions context and could help diffuse tense situations.

In the end, McGuire asserted, careful planning safeguards not only the estate but also the surviving individuals.

"When grief and money collide, a clear structure, impartial administration, and careful communication greatly reduce the fallout."