Inheritance disputes often carry a heavy emotional burden, with personal relationships and significant financial stakes at the heart of the conflict. A recent High Court ruling highlights the complexities of these disputes and the importance of seeking expert legal guidance early.

In case of Grierson v Grierson, a family disagreement over two conflicting wills led to a ruling that upheld the validity of a 2020 will, declared the 2022 will invalid, and appointed an independent administrator to manage the estate. While the parties initially agreed to mediate, Robert, the defendant, cancelled the mediation for reasons that appeared unconvincing. A reasonable settlement offer was also rejected.

As the trial approached, the defendant withdrew from active participation and failed to appear in court. His lack of engagement and refusal to seek advice led to a costly and avoidable court battle where he was ordered to cover the claimant’s legal costs.

Case overview

• The dispute: The case centred on the deceased’s 2020 and 2022 wills. The claimant argued the will drafted by his mother in 2022 was invalid and sought probate for the 2020 will. A witness gave statements to say the newer will was not executed properly and there was also evidence the mother lacked capacity when the will was made.
• Legal considerations: The court assessed whether the 2022 will met formal execution requirements and whether the deceased had testamentary capacity. It also examined estate administration and cost implications under CPR 36.17.
• Outcome: The 2022 will was deemed invalid due to improper execution and lack of testamentary capacity. The court upheld the 2020 will, appointed an independent administrator, and awarded costs to the claimant under CPR 36.17.

Key takeaways

This case offers important lessons for anyone involved in inheritance disputes:

• The importance of proper will execution: Ensuring a will is correctly executed and that the person making it has testamentary capacity is critical. Failure to meet these requirements can lead to costly and protracted disputes.
• Independent administration: When family relationships are strained, the court may appoint an impartial administrator to manage the estate and reduce conflict.
• The financial risks of ignoring settlement offers: The application of CPR 36.17 in this case underscores the potential financial consequences of rejecting reasonable settlement offers, including indemnity cost awards.

Early legal advice makes all the difference

Inheritance disputes can escalate quickly, causing financial strain and emotional stress. Seeking expert legal advice early can help clarify your position, identify potential risks, and explore options for resolving the dispute without going to court.

Sandra Kowalska, a contentious probate specialist at Switalskis, explains:
"Inheritance disputes are often deeply personal, and navigating them can feel overwhelming. Expert legal advice from the outset helps you understand your rights, manage the complexities of the process, and potentially avoid costly litigation. This case serves as a reminder of how critical it is to approach these matters with the right support."

How Switalskis can support you

At Switalskis, our contentious probate team is dedicated to providing empathetic and expert guidance to individuals navigating inheritance disputes. Whether you’re contesting a will or defending a claim, we work alongside you to protect your interests while honouring your loved one’s wishes.

If you’d like to speak to one of our specialists, contact us today. Together, we can help you find a resolution that brings clarity and peace of mind. Call us on 0800 1380 458 or email help@switalskis.com