In this episode of Law Torn, Samara Dutton, Partner in the Private Wealth Disputes team, and Philippa Dolan, Partner in the Family team, consider what can be done when a parent’s will leaves everything to one child and nothing to the other.

Using a listener’s question, they explore two distinct legal routes: challenging the validity of a will, including on the grounds of undue influence, and bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

The discussion examines what undue influence really means in practice, including the high threshold required to prove that a testator’s volition was overpowered without convincing the judgment, and why such claims can be difficult to establish. Samara explains the evidential hurdles involved and the distinction between persuasion, obligation and unlawful pressure.

The episode also provides a clear overview of 1975 Act claims, including who is eligible to bring them, the concept of reasonable financial provision, and how the courts approach claims by adult children. The conversation reflects on the tension between testamentary freedom and fairness, the limits of maintenance based awards, and recent cases which illustrate how fact specific and unpredictable these disputes can be.

As ever, the discussion highlights the emotional and financial realities that sit behind inheritance disputes, including the impact of costs, the importance of early legal advice, and the role of negotiation and mediation in resolving family conflict.

This episode offers practical insight into the legal framework governing will challenges and financial provision claims, and the strategic considerations involved in deciding which route, if any, to pursue.

Stay tuned. New episodes are released on the last Monday of each month.

For questions or feedback, please contact us at lawtorn@collyerbristow.com