While many hope that the death of a parent would unite siblings, it often exacerbates sibling rivalry. Emotions run high, and grief can fuel disagreements, especially if the parent’s will does not provide equally for the siblings. This can lead to a contest of the will by the aggrieved sibling. In England and Wales, parents are not required to provide for their children in their will, nor must they distribute their estate equally among them. However, when a parent disinherits one child or leaves significantly more to one than another, disputes often arise. The disinherited or less-favoured child may contest the will’s validity, leading to accusations about the care provided to the parent or the motives behind certain relationships, intensifying the emotional and angry disputes.

What Happens if Your Sibling Contests Your Parent’s Will?

1. Caveat on the Estate: The disappointed sibling may place a Caveat on the parent’s estate, preventing anyone from obtaining the Grant of Probate and delaying estate administration until the dispute is resolved. If the Grant of Probate has already been obtained, the personal representatives may receive a request to halt administration while investigations take place. Personal representatives should remain neutral and pause administration to avoid personal liability. Beneficiaries, however, can actively defend claims.
2. Letter of Claim: You might receive a ‘Letter of Claim’ detailing the grounds for contesting the will and supporting evidence. This could include medical records, notes from the will file, and witness statements.
3. Legal Advice: If a Caveat is entered or you receive a claim notice, seek legal advice. You will typically need to respond with a ‘Letter of Response’, including evidence to support the will’s validity and suggestions for resolving the dispute.
4. Correspondence and Mediation: Legal advisors will guide you on the merits of the claim and defence. Correspondence may go back and forth, and it’s sensible to consider avoiding court by reaching an agreement. Mediation is often effective in settling claims, involving a mediator who facilitates negotiations between parties, which can be done remotely.

Conclusion

Contesting a will among siblings is emotionally charged and legally complex. At McHale & Co, we have extensive experience representing both claimant and defendant siblings in such disputes. We understand the legal and emotional challenges involved and strive to find solutions that work for all parties.

If you face a claim by a sibling or have concerns about a parent’s will, please contact our Dispute Resolution Team on 0161 928 3848 or mch@mchaleandco.co.uk.