Our Inherited Property Dispute Service
Inheritance Disputes Over Property and Trust Assets
When a loved one dies, the family home or another property is often the most valuable, and most emotionally charged, asset in the estate.
Arrangements that once seemed simple can quickly turn contentious: a property is inherited by people who can't agree on what to do with it, a promise made during someone's lifetime isn't reflected in their Will, or a property tied up in a trust becomes a source of conflict between trustees and beneficiaries.
Our contentious trust and probate solicitors resolve inheritance disputes over inherited property and property held in trust, acting for beneficiaries, family members and trustees across England and Wales.
We focus on reaching a fair outcome quickly and sensitively, favouring early resolution through negotiation and mediation, keeping you clear on your legal position at each stage, and protecting your interests firmly where agreement isn't possible.
Looking for something slightly different? If your dispute is with a partner, ex-partner or business co-owner while everyone is still living (rather than following a death), see our Property Ownership Disputes pages. For wider disputes about how a trust is run, such as removing trustees or challenging trustee decisions, see our Trust Disputes page.
How We Can Help
We advise and act across the disputes that arise when property forms part of an estate or a trust, including where:
- You've inherited a share of a property and can't agree with the other beneficiaries about whether to sell, keep or let it
- You want to sell an inherited property, but your siblings or co-beneficiaries refuse, or they want to sell, and you want to keep it
- You expected to inherit an interest in a property, but the Will, trust or intestacy left you out or gave you less than promised
- You contributed money, work or improvements to a property on the understanding you'd receive a share, and that hasn't been honoured
- A surviving spouse or partner wants to remain in the home, while other beneficiaries want it sold
- You're a beneficiary who can't occupy a property or receive the income or proceeds that you're entitled to
- Trustees and beneficiaries disagree over how a property held in trust should be used, let or sold
- A property in an estate or trust is falling into disrepair and losing value while the dispute continues
- A third party is claiming an interest in property belonging to the estate.
Disputes Over Inherited Property
Disagreements between siblings and other relatives over inherited property are among the most common and most painful inheritance disputes we handle.
Where two or more people inherit shares in the same property, no one can usually be forced to leave their money tied up in it indefinitely.
If you want to sell an inherited property and your siblings or co-beneficiaries refuse, or you want to keep one that the others want to sell, we can advise on your rights and the realistic options for breaking the deadlock, from one beneficiary buying out the others, to a managed sale on agreed terms, to a court application for an order to sell the property where agreement genuinely can't be reached.
We also act where someone believes they hold a beneficial interest in a deceased's property despite not being named as a legal owner, for example, where they contributed to the purchase, mortgage or improvement of a home on the understanding that an interest would follow.
We can also advise on removing a sibling who remains in an inherited property without consent, including the steps available through the executor during probate and once the estate has been administered.
These claims often turn on constructive and resulting trusts, or on a promise relied upon to the person's detriment (proprietary estoppel), and they frequently surface only after a death.
Disputes Over Property Held in Trust
Property is often placed into a trust to provide for a surviving spouse, to protect assets for children, or to manage an inheritance over time.
When the people involved disagree, that single property can become the focus of the conflict.
We act for beneficiaries and trustees where, for example:
- Only a share of the property has been settled into the trust, and ownership of the rest is disputed
- Beneficiaries believe the trustees are making unfair decisions about who may occupy a property or benefit from it
- A beneficiary with a right to live in a property, or to receive the income from it, is being prevented from doing so
- Trustees disagree among themselves about whether to sell, retain or let the trust property
- A third party claims an interest in property held in the trust.
We understand the sensitive, confidential and often deeply personal nature of these disputes, and we act accordingly to help resolve delicate family situations without unnecessary escalation.
For trust disputes that go beyond a single property - such as removing a trustee, breaches of trust, or claims for an account - see our Trust Disputes page.
Inherited Property Dispute FAQs
Can one beneficiary buy out the others in an inherited property?
Yes, and it's often the cleanest, most amicable solution.
Where several beneficiaries inherit shares in the same property, one can buy out the others at an agreed value, usually based on an independent valuation.
Disputes tend to centre on the value itself, on whether a buyout or a sale is fairer, or on funding the buyout.
We can help agree on the figure, document the transfer of shares, and resolve any disagreement about how it should be done.
What happens if one beneficiary refuses to cooperate over the property?
A single uncooperative beneficiary can stall a sale, withhold consent, or simply refuse to engage, but they can't hold everyone else hostage indefinitely.
We usually begin with negotiation; if that fails, the court can be asked to order a sale or otherwise break the deadlock, even without that person's agreement.
We can also deal with situations where someone is living in the property rent-free, or where access is not allowed for a valuation or viewing.
Can the court order an inherited property to be sold?
Yes. In England and Wales, when beneficiaries or co-owners can't agree on what to do with a property, the usual route is to apply to the court under section 14 of the Trusts of Land and Appointment of Trustees Act 1996.
In practice, this almost always leads to the property being sold and the proceeds divided, rather than the land being physically split, although the court does have a rarely used power to order a physical division where that's genuinely practical.
We'll advise which outcome is realistic for your property.
What rights do beneficiaries have to live in an inherited property?
Where beneficiaries inherit a property as tenants in common, each generally has a right to occupy it.
That right is difficult to exercise when co-owners don't get along or when one is excluding the others, so the law allows the court to regulate occupation, deciding who may live there and whether an occupying beneficiary should pay "occupation rent" to compensate the others.
We can advise on your right to occupy, or on compensation if you're being kept out.
Who pays the mortgage, council tax and upkeep on an inherited property?
While the estate is being administered, these costs are usually met from the estate; once the property has passed to the beneficiaries, the co-owners are generally responsible in proportion to their shares.
Disputes often arise where one person has paid more than their share of the mortgage, insurance, repairs or council tax.
Through a process called "equitable accounting," those overpayments can often be credited back when the property is eventually sold or bought out. We can help you claim or resolve these adjustments.
Do you need probate before selling an inherited property?
Usually, yes.
A property in the deceased's sole name generally can't be sold until the personal representatives have obtained the grant of probate (or letters of administration), which gives them the legal authority to deal with the estate's assets.
A property held as joint tenants can pass to the surviving owner without probate. We can advise on what's needed before a sale and step in where a dispute is delaying the grant.
What happens to a jointly owned property when one of the owners dies?
It depends on how the property was held. If it was held as joint tenants, the deceased's share usually passes automatically to the surviving owner.
If it was held as tenants in common, the deceased's share passes under their Will or the intestacy rules, which is frequently where disputes begin. We can review how the property was held and what that means for you.
I helped pay for or improve the property, but I'm not on the deeds. Do I have any rights?
Possibly. You may be able to claim a beneficial interest through a constructive or resulting trust, or on the basis of a promise you reasonably relied on (proprietary estoppel). These claims are fact-sensitive, so the sooner we can review what was said, what was paid, and what was agreed, the better.
I was promised I'd inherit a property, but the Will left it to someone else. Can I challenge it?
Sometimes, yes, for instance, where you relied on that promise to your detriment, or where there are grounds to challenge the validity of the Will itself.
There may also be a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you weren't adequately provided for. We can assess whether you have a claim and how strong it is.
How long do I have to make a claim?
Time limits depend on the type of claim. Some, such as a claim under the Inheritance (Provision for Family and Dependants) Act 1975, must usually be brought within six months of the grant, so it's important to take advice early. We'll confirm the deadlines that apply to your situation as soon as we have reviewed the matter with you.
Will I have to go to court, and how much will it cost?
Most of these disputes are settled by alternative dispute resolution including mediation, which is faster, cheaper and less stressful than a hearing, and so we usually try that route first. Costs vary with complexity and whether the matter settles or is litigated. Because money is often tied up in the disputed estate, we offer flexible funding, including no-win, no-fee arrangements where appropriate, and provide an estimate before any work begins.
Why Work With Our Contentious Probate, Wills and Trusts Team?
- We’ve been named Best Contentious Probate Team at the British Wills and Probate Awards 2025, recognising our legal expertise, courtroom skill, national reach, client care, and transparency.
- We have been ranked as a Top Tier law firm by the Legal 500 for the last seven years.
- We have been recognised by The Times and The Lawyer as a Top 200 UK law Firm.
- Price transparency - we provide our clients with clear cost advice at the outset with ongoing updates throughout the matter. Sometimes, we can pursue a contentious probate claim for you on a no win no fee basis.
- The contentious probate team is led by experienced Partner Helen Thompson, a member of STEP (the global professional association for practitioners who specialise in inheritance and succession planning) and has completed the Advanced Certificate in Trust Disputes.
- All our Contentious Probate solicitors are members of the highly accredited Association of Contentious Trust and Probate Specialists ACTAPS.
- We have the largest team of contentious probate solicitors in the Northwest, ensuring you receive the best legal advice and support.
- We are a full-service law firm operating from a one-site office, which means our teams communicate effectively and efficiently, and our contentious probate lawyers can draw on support from other specialist lawyers, such as property, private client, agricultural, family, commercial and corporate lawyers.
- We use the latest technology to ensure that we are working as efficiently as possible and that geographical distance is no bar to us from providing you with excellent client service.
- Please take a look at the Myerson Promise for further benefits of working with us.
Testimonials
Ms Syme
Great level of expertise and scope in all areas.
Ms Jackson
Eleanor Clarke was on the ball, honest, clear and lucid.
Mr Davies
The team have shown me great empathy and compassion at a very difficult time in my life and hope for the future.
Ms Syder
When I first contacted Myerson for advice with regard to my situation, I found them to be professional, patient and informative. During the process, I did at times find myself emotionally overwhelmed and stressed; however, Jennifer and Katie went above and beyond to support me and guide me through the options, giving me time to evaluate everything. The whole Contentious Probate Team made me feel supported and confident in my inheritance claim. I can’t thank them enough.
Mr Borrett
Nicola Moulds has been very understanding of my situation, as have all the other people I have communicated with in Nicola’s team. I would have no hesitation in recommending them.
Mr Naylor
Fantastic firm - couldn’t recommend enough! Nicola and her associates worked so hard to achieve a big win for me on my grandfather's estate . The knowledge that they all have in their own areas astounded me, and they are all such genuine, lovely women .
Mr Morgan
I just wanted to thank you for your brilliant work on my case. I know it wasn't the easiest of cases and I wasn't the easiest of clients you've ever had. But I would like to thank Nicola and her team for their hard work. Also Stephanie was excellent. Please pass on my gratitude to her. I'm really grateful for what you did for me. I can now move on with my life thanks to you. You have my deepest respect.
Mr A
I honestly can say that in my absolute worst time Myerson came through like a light in absolute darkness. I spoke with few firms and nobody matched the compassion, professionalism and honesty that I desperately needed. Please, anyone who needs legal representation, you can’t get better than Myerson’s in my experience.
Mr. J.
Rebecca Blundell was excellent, she was highly professional, efficient and above all delivered the results.
Caron & Mike
We were completely overwhelmed by our situation that needed legal advice and representation. Our turmoil ceased swiftly once we spoke to Jennifer. She was supportive, kind and caring whilst remaining professional and "to the point". Her knowledge and advice reassured us and gave us confidence in her expertise. We appreciate her and her team and would have no problem recommending them to anyone.
Paul
I wanted to write and thank you and your team for everything you have done for me. Your understanding of my mental issues has been unquestionable, and the patience you and the team have shown throughout the whole case has been brilliant, even at my worst when I could barely string a sentence together. I will not hesitate to recommend you and your company at any opportunity I get. Truly a 5 star company with morals that are very rare nowadays.
Anne Bailey
Thank you so much Stephanie for listening to me today and being so kind and empathetic. I think I may have been naïve and too trusting. I have forwarded your information to my Son and Daughter. On a personal note can I thank you for your time and being so kind and understanding. We need more people like you in the World.
Hannah
Thank you for the effort and hard work Jennifer and everyone at Myerson have put into my case; I appreciate it’s been a long haul, and it just felt necessary to express that gratitude.
Amanda
Jennifer has been incredibly patient and supportive and has given good advice. After I believe I was badly advised by a previous legal representative. Highly recommended.
Edwin
I found Jennifer McGuiness to be very friendly and very knowledgeable and gave Sensible advice.
The British Wills and Probate Awards Judging Panel
Myerson demonstrated the highest standards of legal expertise, courtroom skill, national reach, client care, and transparency, proved through reported trials, directory praise, and client testimonials.
Legal 500, 2022
Myerson’s are the go-to firm for contentious trust & probate, exceptional knowledge and negotiating skills. Will fight your corner well and reasonably priced for the high level of service.
Legal 500, 2022
Helen Thompson is considered ‘a true companion‘ by her clients for her litigation work.
Legal 500, 2022
Helen Thompson is a true champion of her clients, working tirelessly for the right outcome for them. A real gem in the sector and deserves recognition in her field.
Legal 500, 2022
It’s the personal touch they offer, including their empathy for your individual case.
Legal 500, 2022
Helen Thompson and Stephanie Ewan lead the team and were always available at the critical times. This involved out of hours working as well as comprehensive management of the resolution.
Legal 500, 2022
Stephanie is very professional and patient. She will help you with any questions you may have.
Legal 500, 2024
Myerson have set themselves apart from most every contentious probate practice in the North West. There is an exceptional level of talent at almost every level. Myerson deal with matters that are often fraught with complexity and emotion in a highly diligent and sensitive manner. When Myerson instruct me as counsel, their instructions are concise and well prepared.
Legal 500, 2024
They are genuine specialists in this area, with many of the team having obtained or working towards full ACTAPS membership and have strength in depth. When they are on the other side of a matter we know that their client will be getting sensible, practical advice from a knowledgeable team. They are a top level firm in the North West in this area.
Legal 500, 2024
The Myerson contentious trusts and probate team is the go-to team in the North of England, in my view. All its members who I have dealt with are superb – no weak link.
Legal 500, 2022
Myerson has given constant support and works together with the client proactively to get the matter resolved successfully and cost-effectively.
Legal 500, 2022
Compared with other firms I have dealt with Myerson’s took a very direct route in achieving success on my behalf. I was frequently able to discuss an issue online with several members of the team whenever an unexpected situation arose.
Meet Our Contentious Probate Solicitors
Home-grown or recruited from national, regional or City firms. Our contentious probate lawyers are experts in their fields and respected by their peers.
Contact Our Experts
You can contact our lawyers below if you have any more questions or want more information:
0161 941 4000
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