In England & Wales we have “testamentary freedom”, which means that people can leave everything to whoever they want in their Will.
Can siblings challenge a Will?
A Will can be challenged by anyone who has “standing”. In order to have standing, the person seeking to challenge the Will must benefit by the Will being overturned. This might be because they benefit under a previous Will or the intestacy rules (which govern how estates are distributed when someone dies without a valid Will). The intestacy rules only benefit siblings when somebody dies without a living spouse or civil partner, children or parents. This means that siblings often won’t have standing to challenge a Will.
Grounds for challenging a Will
Even if a sibling does have standing to challenge a Will, they will still need to be able to prove that there is some reason why the Will is invalid (perhaps due to undue influence or lack of mental capacity). Whatever the grounds for challenge, they will need evidence to support what they say.
Can a sibling bring an Inheritance Act Claim?
Separately to challenging a Will, the Inheritance (Provision for Family and Dependants) Act 1975 (the “Inheritance Act”) allows certain categories of people to bring a claim against an estate if they have not been reasonably provided for. Siblings are not one of the categories under the Inheritance Act, but it is possible that a sibling could fall within one of the other categories of potential claimant, for example if they were being maintained by the person who died immediately before their death. This might occur where, for example, someone is living with their sibling rent-free, or depending on them for financial support.
A recent case in which 83-year-old Alan Wotton stabbed his nephew Andrew Avery to death following an argument over inheritance from his late sister’s estate is a tragic example of an inheritance dispute concerning a sibling.
Alan’s sister (and Andrew’s mother), June, had passed away in 2023. Andrew and June’s grandson, James, were appointed as the executors of her Will, meaning that they were the people responsible for dealing with her estate (including settling any debts, collecting in her assets and then distributing the estate in accordance with the terms of the Will).
June’s Will left Alan a legacy of £20,000, and Alan became convinced that Andrew was deliberately withholding this money from him or trying to steal it.
Alan moved into June’s property when he travelled to the UK for her funeral, despite the fact that the property did not pass to him under June’s Will. Andrew and James, in their capacity as executors of June’s estate, made arrangements for the property to be sold, and a sale was agreed in November 2024, prompting the need for Alan to leave the property.
There is nothing to suggest that Alan had a valid claim to challenge June’s Will, or that there was any truth to his belief that Andrew was trying to steal his inheritance. Andrew had tried to work with Alan to help him find somewhere else to live, and had arranged alternative accommodation for him. However, on the day that Alan was due to vacate the property, he attacked Andrew with a kitchen knife, and then set fire to the property.
Simon Clark of the Crown Prosecution Service said: “Andrew Avery had been helping his uncle and arranging for his future. Instead, he lost his life in a horrific and wholly unnecessary act of violence.”
The impact of Inheritance Disputes on families
Inheritance disputes are often extremely difficult and emotional for all concerned, and this tragic case shows that catastrophic disputes can occur even when someone has no obvious claim against an estate.
If you are concerned about a will challenge or inheritance dispute, then please get in touch and a member of our specialist team will be happy to speak with you.