01-07-2025
'My mother passed away and left her home to my brother - now I worry I'll lose my house'
Every Tuesday, we get an expert to answer your financial problems or consumer disputes. Today, reader Richard asks...
My mother passed away at the start of the year and I have just discovered that she has left her house to my younger brother, who for the last couple of years has lived at home after a messy divorce and losing his job. I suspect, but can't prove, that my brother has influenced her decision. I know for a fact I was an equal beneficiary in an older version of the will. My mother knew that I had taken out a large solo mortgage in the knowledge I'd be getting inheritance. Now, with the prospect of paying some of that off and with health problems of my own, I worry I am going to lose my house. What are my options for disputing the will?
We asked Scott Taylor, partner in private wealth disputes at Moore Barlow, to tackle this one.
He says: "Finding out you've been left out of a will, or that your inheritance is far less than you expected, can feel like a second loss.
"It's deeply emotional, especially when it comes as a shock, and particularly if there's a sense that a parent's wishes have changed late in life under circumstances that raise concerns.
"At Moore Barlow, we work with many people facing this exact situation. Sometimes there are clear reasons for an unequal distribution - perhaps one child was supported more during life, or another has greater financial need.
"But in other cases, there's no explanation, and people are left trying to make sense of a decision that doesn't reflect earlier conversations or long-standing expectations.
"Legally speaking, in England and Wales, everyone has the freedom to leave their estate as they choose as long as they hold the requisite level of mental capacity and have not been subject to undue influence. But that doesn't mean beneficiaries are powerless."
Taylor adds: "Children of the deceased are entitled to make an application to the court for greater financial provision from an estate if they believe that reasonable financial provision hasn't been made for them - especially if they were financially reliant on the deceased or made significant life decisions based on promises of future inheritance.
"It's also possible to bring a claim if you suspect the person who made the will lacked mental capacity at the time, or was subject to undue influence. This can be difficult to prove, but we often find that when a will has been drawn up professionally, there are solicitor notes or correspondence that can offer useful insight into what was going on at the time.
"Another route we sometimes explore with clients is proprietary estoppel. This is where someone has acted to their financial detriment based on a promise of future inheritance - for example, taking on a large mortgage or providing long-term care or support in the belief they'd one day receive the family home.
"Whatever the circumstances, the first step is always to gather information. Ask for a copy of the will, speak to the solicitor who drafted it if possible, and try to understand what's changed and why.
"At the same time, it's vital to act quickly - there are strict time limits for bringing certain types of claim, and delays can weaken your position.
"In many cases, it doesn't have to come down to a courtroom battle. Mediation is increasingly common in inheritance disputes, and with the right support, it can be a constructive way to air concerns, find common ground and avoid long-term damage to family relationships. It's private, less adversarial, and often far more effective than people expect.
"Inheritance disputes are never just about money. They're about love, trust, family history - and trying to make sense of someone's final wishes.
"We understand how difficult that can be, and we're here to help clients navigate it with empathy, clarity, and care."
This feature is not intended as financial advice - the aim is to give an overview of the things you should think about.
