National Siblings Day falls on 10 April each year, a chance to appreciate the people who grew up alongside you, shared bedrooms, and squabbled over the last biscuit. For many families, that bond is strong and uncomplicated. For others, it is anything but.
When a parent passes away, or a big decision needs to be made about the family home or care arrangements, even the closest siblings can find themselves on opposite sides. Inheritance disputes are among the most common causes of legal action within families and they rarely arrive without emotional weight attached. Inheritance disputes carry a weight that goes beyond the financial, as they often stir up decades of family history, old grievances, and deeply held views about what a parent would have wanted.
If you are in the middle of a dispute with a sibling or you can sense one brewing, here is a plain-speaking guide to your legal options.
Mediation: talking it through with support
Mediation is often the first port of call, and for good reason. A trained, independent mediator helps both parties work through the issues and reach a resolution they can both accept. The mediator does not take sides or impose a decision, as their job is to keep the conversation constructive and moving forward.
It works well in disputes where communication has broken down but both parties are willing, at least in principle, to find a way through. For inheritance disputes, family property disagreements, or differences over a parent’s care arrangements, mediation can resolve matters far more quickly and at a fraction of the cost of going to court. Our family mediation team and dispute resolution solicitors are experienced in guiding families through exactly this kind of situation.
Arbitration: a private, binding outcome
If mediation has not worked, or the dispute is complex enough that both parties want a definitive outcome without going to the civil courts, arbitration is worth considering. An arbitrator, usually a specialist lawyer or retired judge, hears both sides and makes a binding decision.
It offers more structure than mediation, with a clear outcome at the end of the process, but it remains private and is generally quicker and less costly than full court proceedings. Our arbitration service is available for family disputes where a firm resolution is needed without the weight and expense of a courtroom.
Collaborative law: a team-based approach
Collaborative law works differently. Both parties instruct their own solicitors, but everyone agrees upfront to resolve the dispute without going to court. Both siblings and both solicitors meet together to work through the issues openly and honestly.
It requires goodwill from both sides, but it tends to produce outcomes that feel fair because both parties have had a genuine say in reaching them. It is particularly well-suited to disputes where siblings will remain in contact, for example, where they are jointly responsible for a parent’s ongoing care or they jointly own a property and need to agree on what happens next.
Litigation: when court is unavoidable
Sometimes, despite best efforts, a negotiated outcome is not possible. Perhaps one party refuses to engage, or the dispute involves a serious allegation: undue influence over a parent when a Will was made, an executor who has not acted in the interests of the estate, or a challenge to the validity of the Will itself.
In those situations, court proceedings may be the only realistic option. Our inheritance dispute solicitors handle contested probate claims, Inheritance Act claims, and challenges to a Will’s validity. Litigation is not something we recommend lightly, and we will always be straight with you about the strength of your case and the likely costs before any proceedings are issued.
Choosing the right approach for your situation
Not every dispute calls for the same solution. As a general guide:
Inheritance and Will disputes — mediation or arbitration is a sensible starting point if both parties will engage. Where a Will’s validity is in question, or there is evidence of undue influence or lack of mental capacity, litigation may be unavoidable.
Property disputes — for example, where siblings have inherited a property jointly and cannot agree on whether to sell or how to divide the proceeds, mediation or collaborative law can often resolve these without court involvement. Where matters are more entrenched, our property litigation team can advise on next steps.
Care responsibility disputes — disagreements about who should take on responsibility for an elderly parent, or how decisions should be made on their behalf, often sit at the intersection of family law and Court of Protection. Early legal advice matters here, before things escalate.
Why staying out of court is worth pursuing
Court proceedings are expensive, slow, and stressful. A contested case can take many months, sometimes years, to reach a final hearing, and the outcome is in a judge’s hands rather than your own. For families, the emotional toll on top of the financial cost can be considerable, and sibling relationships rarely emerge intact from a full courtroom battle.
Out-of-court options give both parties more control, reach a resolution more quickly, and cost considerably less. They also leave more room for whatever remains of the sibling relationship to survive.
Getting advice early makes a real difference
If a dispute is on the horizon, or has already started, taking proper legal advice early is the single most important step you can take. Understanding your position, your options, and the realistic costs up front means you can make clear decisions, rather than ones driven by frustration or grief. National Siblings Day is a good reminder that those relationships are worth protecting, even when things get complicated.
Get In Touch
John Gorner is a Consultant Solicitor in our Contentious Probate team. He specialises in contentious probate and trusts, residential property disputes, contentious Court of Protection, community care law (including safeguarding), public law/regulatory matters.
If you would like to speak with John or another member of our Contentious Probate team about the above topic, or any other related investigation, please call 0330 111 3131 or fill out our online contact form.
