When a parent dies, questions about inheritance can surface quickly. Siblings sometimes disagree about who gets what, and those disagreements can escalate. This article explains siblings’ rights after a parent’s death in plain terms, so you know where you stand.
It covers:
- Siblings’ rights to inheritance when a parent dies with or without a Will
- What happens when one or more siblings act as executor
- The disputes that most commonly arise, and what you can do about them
Inheritance law: does a Will exist?
In England and Wales, how a parent’s estate (the total value of everything they owned) is distributed depends mainly on whether they left a valid Will.
A beneficiary is any person or organisation entitled to receive a share of an estate. If your parent left a valid Will, their estate passes to the beneficiaries they named in it.
When a parent leaves a Will
A Will gives clarity. However, it does not guarantee agreement among siblings. Any person is free to leave their estate however they choose, subject to any claim under the Inheritance (Provision for Family and Dependants) Act 1975, which is covered further down. That means a parent can give unequal shares to their children, or leave one out entirely. This is more common where family relationships have broken down.
Grounds for challenging a Will
Siblings have limited grounds to challenge the validity of a Will. Simply disagreeing with it is not enough. To contest a Will successfully, you generally need evidence of one of the following:
- Your parent lacked the mental capacity to understand what they were signing when they made the Will
- They were pressured or coerced into making the Will on those terms (known legally as undue influence)
- The Will was altered or created fraudulently
- The Will did not meet the strict legal requirements to be valid
When a parent dies without a Will
If someone dies without leaving a Will, they are said to have died “intestate.” In that case, the Rules of Intestacy determine who inherits. These are statutory rules that set a fixed order of inheritance based on the deceased’s closest living relatives.
One point on wording first. Throughout this article, “siblings” means you and your brothers and sisters, as children of the parent who died. Where the intestacy order below refers to the brothers and sisters of the person who died, that means your parent’s own siblings, who are a different group with very different entitlements.
The rules differ slightly across the UK. In England and Wales, the main principles are:
- Surviving spouse or civil partner and children: The surviving spouse or civil partner inherits all personal belongings plus the first £322,000 of the estate (known as the statutory legacy). Anything above that figure is divided equally: half to the surviving spouse or civil partner, and half shared equally among the children. Adopted children are included; stepchildren are not, unless legally adopted. The position differs for the residence nil rate band, where step-children do count as direct descendants, so the two should not be read across.
- Surviving spouse or civil partner and no children: the surviving spouse or civil partner inherits the whole estate. The parents, brothers and sisters of the person who died receive nothing. This has been the position since 1 October 2014, and a good deal of older material online still describes the previous rule, under which part of the estate passed to parents or siblings.
- Children only (no surviving spouse or civil partner): The entire estate is divided equally among the children. If a child has already died, their share passes to their own children (the deceased’s grandchildren). Therefore, when the second parent dies without remarrying or entering a civil partnership, siblings share the whole estate equally.
- Other relatives: where there is no surviving spouse or civil partner and no children, the estate passes down a fixed order. Parents come first, then brothers and sisters of the whole blood, then brothers and sisters of the half blood, then grandparents, then aunts and uncles of the whole blood, and finally aunts and uncles of the half blood. The parents’ tier is the one most often overlooked, because the deceased’s brothers and sisters inherit only where no parent survives. Cousins are not a class of their own and inherit only by substitution, where their own parent, an aunt or uncle of the deceased, died first.
These figures and rules can change. Always check the current position with a qualified solicitor for your specific situation.
The role of executors
What an executor does
An executor is the person (or body) named in a Will to handle the estate. Their job is to gather the assets, pay any debts and liabilities, and distribute what remains to the beneficiaries according to the Will.
To do this, the executor pays the inheritance tax that is payable on delivery of the inheritance tax account, then applies to the Probate Registry for a grant of probate, the formal legal document that confirms their authority to deal with the estate. Not all of the tax has to be paid up front: tax on land, a business or certain shares can be paid in ten annual instalments instead. Where there is no Will, the equivalent document is a grant of letters of administration, and the person appointed is called an administrator.
When a sibling is the executor
Parents often appoint one or more of their children as executors. This can itself become a source of tension. Common arrangements include:
- One sibling as executor: If one sibling acts alone, others may feel they have less oversight, particularly if that sibling also benefits from the Will.
- Joint executors: Appointing all children as joint executors can feel fairer, but it requires agreement on every decision. Disagreements between siblings on how to manage the estate can slow things down considerably.
- A professional executor: Appointing a solicitor or other professional as executor can help ensure impartiality, especially where family relationships are strained.
Resolving disputes between siblings
Why disputes arise
What starts as a difference of opinion can escalate into a formal inheritance dispute. Most conflicts centre on unequal shares or a sibling being excluded from the Will entirely. Where the estate includes a house, the argument is usually about what happens to it, and we cover that in a separate guide to inherited property split between siblings. If tensions are building, here are the main options.
Communication and mediation
Open discussion at an early stage can prevent matters from reaching court. Mediation (where an independent third party helps the parties reach an agreement) is often quicker, cheaper and less damaging to family relationships than litigation.
Agreeing to vary the Will
If all beneficiaries consent, they can change how the estate is distributed. This is done through a formal legal document called a deed of variation. To obtain the inheritance tax and capital gains tax benefits, the deed must be completed within two years of the date of death. Siblings sometimes use this route to bring in someone left out of the Will, or to equalise shares, as an alternative to court proceedings.
Taking legal action under the Inheritance Act
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to claim against an estate where the Will (or the intestacy rules) did not make reasonable financial provision for them. As a child of the person who died, you can bring a claim whatever your age, and without having to show that you were financially dependent on them. Standing comes from the relationship itself. What limits these claims is not the gateway but the award: the court can only give you what is reasonable for your maintenance, so an adult child who is working and self-supporting often finds a claim difficult in practice. This is known as an inheritance act claim.
A word on terminology, because it matters here. A claim by a brother or sister of the person who died is a different thing entirely. Siblings of the deceased are not a listed category under the Act and can only claim as someone who was being maintained by them, which does require proving financial dependence.
These claims must be started within six months of the grant of probate or letters of administration being issued. After that deadline, the court’s permission is required to proceed, and permission is not guaranteed. Act promptly if you think you have a claim.
Proprietary estoppel and broken promises
A separate type of claim arises when a parent promised a sibling a larger share of the estate but did not record that promise in a Will. If the sibling relied on that promise to their detriment and the promise was then broken, they may have a claim based on proprietary estoppel. This doctrine most commonly applies where the promise relates to land or property, such as a parent telling a child that the family farm or the house will one day be theirs. Claims of this kind turn on what was actually said, what the child did in reliance on it, and what they gave up as a result, so contemporaneous evidence matters a great deal.
Getting legal help with sibling inheritance disputes
Sometimes professional legal input is the only way to resolve matters. This area is known as contentious probate. A specialist contentious probate solicitor can:
- Advise you on your rights and help mediate between siblings
- Draft and negotiate a deed of variation agreed by all beneficiaries
- Issue legal proceedings on your behalf, or defend a claim made against you
Taking legal advice early helps protect your position and keeps your options open.
This article is for general guidance only and does not constitute legal, tax or financial advice. Rules and thresholds can change and every estate is different. For advice on your own circumstances, speak to a qualified solicitor. You can book a free legal consultation through The Probate Network.
Frequently asked questions
Do siblings have an automatic right to inherit after a parent’s death?
Not necessarily. If your parent left a valid Will, their estate passes to whoever they named. You and your siblings only have automatic inheritance rights when a parent dies without a Will, and even then only according to the Rules of Intestacy. If your parent was survived by a spouse or civil partner, the children receive nothing under intestacy unless the estate exceeds the statutory legacy threshold, currently £322,000 in England and Wales.
Can I challenge a Will if I feel I have been treated unfairly?
Feeling that a Will is unfair is not, on its own, a legal ground to challenge it. To contest a Will, you need specific legal grounds: for example, that your parent lacked mental capacity when making it, was unduly influenced by someone, or that the document was not properly executed. A contentious probate solicitor can assess whether your circumstances give rise to a valid claim.
What can I do if I was left nothing in my parent’s Will?
You may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. As a child of the person who died you do not need to show that you were financially dependent on them in order to bring a claim. The limit is on what the court can award, which is what is reasonable for your maintenance, so a self-supporting adult child faces a harder task than someone who relied on the parent for support. Crucially, you must start proceedings within six months of the grant of probate or letters of administration being issued. Speak to a solicitor as quickly as possible.
Can siblings change how an estate is divided after a parent dies?
Yes, provided all affected beneficiaries agree. A deed of variation is a formal legal document that redirects how the estate is shared. To receive the inheritance tax and capital gains tax advantages, it must be completed within two years of the date of death. This can be a practical alternative to court proceedings and is worth considering early in any dispute.
