Typically, disputes arise when a family member dies. The most common reason for disputes is related to property ownership and how it is divided between other members.
To keep disagreements and disputes to a minimum, it is essential to create a will that includes legal advice to keep litigation from happening in the future.
It is normal that will disputes arise after the death of a person in the event that the deceased’s property has to be divided.
If the deceased made a valid will in place, disputes and disagreements will be reduced to a minimum. However, in some situations even after the instructions have been left, disputes may be a constant issue and often are inevitable.
Common will dispute, for example, which typically occur, can be resolved by the deceased through a careful draft of a will or can be easily resolved by involving beneficiaries and the assistance of legal experts.
Below are the five most frequently-asked five disputes that are easily resolved by court proceedings.
The Delay Is Caused By The Executors
Executors are responsible for executing what the decedent’s wishes were, as well as handling the process of probate. In the first place, executors have to procure the probate grant.
There is no legal deadline within which executors must act. The executor needs to file for probate within 12 months following the death of the individual whose will must be fulfilled.
If the delay is by the executor of longer than one year, those who anticipate being named as beneficiaries of the general will could petition the court for an end date within which the executor will be required to get an order of probate.
There Is A Disagreement On How To Dispose Of Estate Assets
One of the most frequently asked questions for most households is whether the home of the family could be sold, or should be kept within the family. This is among the most frequent arguments among families.
The most common solution is that the beneficiaries who want to remain in the household must take over the interests of those who would like to sell.
The deceased could state that the beneficiaries have the option to purchase the household from the estate. However, even if the will does not contain this option, however, an agreement could be reached and signed.
If any of the beneficiaries are planning to purchase the house, it is recommended that the parties consider seeking out an expert to carry out an appraisal of the property to determine the appropriate amount to pay.
Transfer Of Unauthorised Assets
If a family member close to the deceased or a child receives the authority to act and is named executor or otherwise on the task of managing estate from the estate of the deceased.
The other beneficiaries may assert that there were untrustworthy and illegal transfers of assets by the person who is in charge of managing the funds.
If the person with the power of attorney transferred funds from bank accounts, for example, others could argue that the transfer was illegal and a disproportionate reduction in the value of the estate.
In the event of suspicion of illegal transfer, forensic accountants may examine the records to determine if the property or funds were improperly taken out of the estate.
If it is the case, the assets could be returned. A person who has removed funds could remove himself as an executor, or be permitted to be able to probate the will with the understanding that they will get a smaller share in the deceased estate.
The Accusation Of Influence
If family members or a close friend significantly influenced the deceased in the area of an estate plan, a testamentary will that was drafted under duress or due to unjustified influence could be declared invalid and subject to challenge. Family and friends of the deceased may challenge a will, but they have to show the existence of a problem in the making of it.
If evidence of pressure or unjustified influence renders the will invalid, older versions of a will may be considered valid. In the event of a death, the rules of intestacy will determine how the estate will be divided.
Indicating Problems In The Will
A lot of people attempt to make a will on their own or use informal wills, or will kit. Wills that are not properly prepared are more prone to be challenged since they might not be specific regarding the desires or wishes of the decedent.
It is also possible that they may not meet all the guidelines for making an effective will. It is usually possible to avoid this by consulting an attorney when the will is made.
If there’s no attorney consultation and the deceased is no longer alive, the court will decide the need to have a will acknowledged and what it means to beneficiaries.
The ability to solve problems through drafting an appropriate, comprehensive will prior to death is among the best presents one can offer to their loved relatives.
A consultation with a lawyer on the protection of assets and that the wishes are followed can enable the family and friends to concentrate on grieving instead of legal disputes when the person dies.
The majority of property disputes are frequent and can lead to lawsuits in court. If you would like your future generations to not be impacted by the same fate, then you must create a will well ahead of time.
In this way, you’ll be able to present the most lavish gifts to those you love according to what you want.
In spite of that, the word “will” may be judged to be unjust for various reasons, such as
- If the will isn’t drawn up correctly or explained in a clear manner or when the will is not witnessed
- If any third party comes with any evidence of ad hoc influence
- The will-writer was incompetent mentally due to various health problems
- If the will isn’t correctly executed
- If the executors are slow in their administration
- If the will doesn’t include any reasonable provision for financing
- If the behaviour of the executor isn’t compatible
Will disputes are typically encountered by everyone, rich or wealthy. There are a number of easy ways to provide effective solutions to will disputes:
- Negotiations or mediation are often recommended to reduce the impact of conflict.
- Consulting a lawyer before the will is prepared ensures that we are aware of the various conflicts and privileges in the will. Therefore, it is best to have the will written by professionals who write wills.
- Communication with beloved ones can be the ideal method to avoid confusion regarding the nature of our will.
- The person who writes the will should be shrewd.
- Collecting all possible evidence and facts that relate to the will
- The person who writes the will has to be willing to write it, and the intent must be clearly stated.
- Check that you have the will secured
If you need professional help to resolve will disputes in central coast, contact us.