Insights on inheritance, probate and trust disputes

28 articles

Inheritance & Intestacy

When Your Parent Dies Without a Will: The Inheritance Battle Between a New Partner and the Children

What happens when a parent dies without a will leaving an unmarried partner and children from an earlier relationship? We explain the current intestacy rules, Inheritance Act claims and the Government’s proposed cohabitation reforms.

Peter Causton · 4 September 2026 · 15 min read

Property & Estoppel

Inheritance Wars: The £10 Million Promise by a Swimming Pool in Vietnam

A son-in-law said his parents-in-law promised him their multimillion-pound family business beside a swimming pool in Vietnam. The court rejected the claim. What does the Fabric Land dispute teach about proprietary estoppel?

Peter Causton · 4 September 2026 · 13 min read

Inheritance Act

Inheritance Wars: The Father Who Reconciled With the Daughter He Had Cut Out of His Will — But Never Changed It

A father excluded his daughter after decades of estrangement, then reconciled with her but never changed his will. McDaniel v Talbot explains when an adult child may succeed under the Inheritance Act 1975.

Peter Causton · 4 September 2026 · 14 min read

Contested Wills

Inheritance Wars: The Mother Who Believed Her Son Tried to Murder His Brother

A 93-year-old mother disinherited her son after believing he had tried to murder his brother. The High Court overturned the later will. The Dalton case shows how dementia, false beliefs and undue influence can collide in inheritance disputes.

Peter Causton · 4 September 2026 · 13 min read

Contested Wills

Inheritance Wars From the Archives: The Man Who Saw Devils — But Was Still Sane Enough to Make a Will

John Banks believed he was pursued by devils and persecuted by a dead man. Yet his will was valid. Discover how Banks v Goodfellow created the test for testamentary capacity still used today.

Peter Causton · 4 September 2026 · 14 min read

Contested Wills

Inheritance Wars: The Tyre Millionaire, the Secret Will and the Four Children at War

Four children, a multimillion-pound family business, a secret later will and a four-week High Court trial. Bond v Webster shows why testamentary capacity and knowledge and approval matter in contested wills.

Peter Causton · 4 September 2026 · 15 min read

Joint Property

Inheritance Wars: The Husband and Wife Who Died Together — and the £300,000 Question of Who Died First

A husband and wife died at home and nobody knew who died first. Scarle v Scarle decided which family inherited their £300,000 joint assets using a little-known rule from 1925.

Peter Causton · 4 September 2026 · 13 min read

Inheritance Act

Inheritance Wars: “Lazy, Useless and Druggy” — The Daughter Her Father Deliberately Cut Out of a £1.4 Million Estate

Roger Howe deliberately excluded his only daughter from his £1.4m estate. She nevertheless received £125,000 under the Inheritance Act 1975. What does Howe v Howe tell us about estranged adult-child claims?

Peter Causton · 4 September 2026 · 14 min read

Contested Wills

Inheritance Wars: The 92-Year-Old Who Tore Up Her Will on Her Deathbed

A 92-year-old woman tore up her will on her deathbed but was too weak to finish. Crew v Oakley considered whether the will was legally revoked and who inherited her £800,000 estate.

Peter Causton · 4 September 2026 · 12 min read

Contested Wills

Inheritance Wars: The Daughter Who Cared for Her Mother — and the Three Brothers Who Said She Took Control of the Will

Rea v Rea involved a daughter who cared for her mother, three brothers challenging a will and allegations of undue influence. The Court of Appeal ultimately upheld the will.

Peter Causton · 4 September 2026 · 13 min read

Inheritance Act

Inheritance Wars: The Mother Who Left Her Daughter Nothing — and £486,000 to Animal Charities

Can an estranged adult child challenge a parent's will? Ilott v The Blue Cross is the leading Supreme Court case on adult-child claims under the Inheritance Act 1975.

Peter Causton · 4 September 2026 · 12 min read

Contested Wills

Inheritance Wars: The Harry Potter Books, the Disinherited Daughter and the £350,000 Estate

Clitheroe v Bond concerned a disinherited daughter, alleged delusions and a £350,000 estate. What does the case teach about testamentary capacity and probate mediation?

Peter Causton · 4 September 2026 · 12 min read

Property & Estoppel

Inheritance Wars: “One Day This Will All Be Yours” — The Family Farm Promise That Ended in Court

Winter v Winter shows how promises about inheriting a family farm or business can override later testamentary arrangements through proprietary estoppel.

Peter Causton · 4 September 2026 · 10 min read

Research & Trends

Inheritance Disputes Are Rising: Probate Caveats Have Increased by Almost 80% Since 2010

Probate caveats in England and Wales increased from 6,358 in 2010 to 11,328 in 2025. We examine why inheritance disputes are rising and the role of mediation.

Peter Causton · 4 September 2026 · 12 min read

Contested Wills

The £200,000 Stamp Collection Sold for £1: When a Will Dispute Costs Almost as Much as the Estate

What Neate v Heselden teaches about contested wills, testamentary freedom, knowledge and approval, litigation costs and the role of probate mediation.

Peter Causton · 4 September 2026 · 9 min read

Probate & Estates

Inheritance Wars: The £5 Million Estate and a £490,000 Costs Bill

Fourteen years after a death, an estate said to be worth up to £5 million remained largely unadministered, declarations of trust were found to be shams and indemnity costs approaching £490,000 were ordered on account.

Peter Causton · 4 September 2026 · 9 min read

Cases & Commentary

“This case cries out for mediation”: Rogers v Wills and the cost of litigating family inheritance disputes

Two trials, a 2,038-page bundle, substantial costs and a family relationship left in ruins. Rogers v Wills is a powerful reminder that winning an inheritance dispute is not always the same as resolving it.

Peter Causton · 27 August 2026 · 9 min read

Property & Estoppel

When Family Property Disputes Reach the High Court: The Cost of Informal Trusts and Unclear Intentions

Bisiker v Bisiker [2026] EWHC 2070 (Ch) provides another stark illustration of the financial and personal risks of allowing disputes over family property, trusts and inheritance to proceed all the way to trial.

Peter Causton · 25 August 2026 · 10 min read

Probate & Estates

A Relationship “Riven with Conflict”: Key v Key, Occupation Rent and the Case for Mediating Estate Disputes

The High Court's recent decision in Key v Key (Property, Trusts and Probate List, Master Clark, judgment handed down 14 August 2026) provides a striking illustration of what can happen when the administration…

Peter Causton · 17 August 2026 · 10 min read

Mediation & ADR

Mediation a litmus test for capacity to litigate

What the High Court's decision in TLA v Chelsea and Westminster Hospital NHS Foundation Trust reveals about the centrality of ADR in modern litigation — and how the ability to engage with mediation is now treated as part of capacity to litigate.

Peter Causton · 19 July 2026 · 6 min read

Cases & Commentary

The cost of disputing an inheritance

A recent report by The Independent highlights yet another example of how family disputes over wills and inheritances can escalate into financially and emotionally devastating litigation.

Peter Causton · 11 May 2026 · 4 min read

Property & Estoppel

Mediation advised in family property disputes

When families fall out about property, emotions run high and legal costs can spiral. A recent High Court decision shows how judges look at mediation and litigation conduct when deciding who pays the bill — and…

Peter Causton · 11 November 2025 · 2 min read

Mediation & ADR

When the Court orders a party to attend mediation

On 12 September 2025, in the Business and Property Courts at Bristol, His Honour Judge Paul Matthews handed down a judgment that is likely to be studied by both probate practitioners and mediators for some…

Peter Causton · 11 September 2025 · 6 min read

Contested Wills

Electronic Wills, Mutual Wills and the Rise of Inheritance Disputes: Why Mediation Matters More Than Ever

Significant reforms to the law of wills in England and Wales are under consideration following the publication of a major Law Commission report. The proposed changes, if implemented, are likely to reshape the…

Peter Causton · 16 May 2025 · 2 min read

Contested Wills

The Importance of Mediation and the Risks of a Homemade Will

A recent High Court case highlights the dangers of DIY wills and the devastating impact inheritance disputes can have on families. John Baverstock, won a £700,000 legal battle against his younger sister, Lisa,…

Peter Causton · 4 March 2025 · 3 min read

Contested Wills

Will disputes – we can arrange a mediation.

The law states that people can leave their estate to anyone they want. However, under the Inheritance (Provision for Family and Dependents) Act 1975, the court can override someone’s will if they failed to…

Peter Causton · 23 November 2024 · 5 min read

Inheritance Act

Resolving inheritance and will disputes through mediation

Inheritance disputes are on the rise, often creating financial strain and emotional turmoil. Fortunately, mediation offers a more effective way to resolve these conflicts without the prolonged and costly…

Peter Causton · 6 December 2024 · 4 min read

Contested Wills

Avoiding Inheritance Disputes. How will reforms to wills affect claims?

In the intricate landscape of contentious probate disputes, the surge in cases over recent years is evident in the frequent reports of families embroiled in conflicts over wills and inheritances. From…

Peter Causton · 12 November 2023 · 4 min read

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