14 Dec 2022
If you believe that your loved one’s will is invalid, you may wish to file a will dispute. A lawyer can advise you on how to proceed. He or she can also help you with evidence. Before you file a lawsuit, however, you should consider whether or not you want to litigate. It is important to keep in mind that you only have a limited amount of time to contest a will.
Getting an estate litigation lawyer
When a person dies, they often leave behind a legacy and assets that need to be distributed. Inheritances can be complicated and emotionally difficult, and a lawyer can help make the process go as smoothly as possible. A lawyer can also help protect the assets of the estate.
There are many types of estate litigation disputes, including will contests, trust contests, spousal rights, breach of fiduciary duty, and accounting disputes. The process involves detailed evidence and the application of the relevant law to determine the right course of action for the family and beneficiaries.
Avoiding litigation in case of a will dispute
Most disputes can be resolved informally, by communicating with the executor of the estate. If this is not possible, then litigation may be necessary. In such cases, the probate judge will apply state laws and follow the wishes of the testator. It is best to draft a will that is clear and precise. This will reduce the chances of a beneficiary challenging the will.
The most common cause of will disputes is undue influence. This occurs when a testator leaves a specific piece of jewellery to a beneficiary, only to later sell that same piece of jewellery. This happens despite the fact that the testator did not change the wording of his will to reflect the new ownership of that piece of jewellery.
Common reasons for contesting a will
There are many reasons for actioning a will dispute. It is not only a matter of greed. In some cases, it is necessary to contest a will to make sure that the heirs receive what they are entitled to. In other cases, it is necessary to contest a document because someone was deceived or manipulated. Regardless of the reason, contesting a will is a very expensive process.
Firstly, it is important to note that a will needs to be signed and witnessed by the testator. In addition to the testator signing the will, there must be at least three witnesses who are not beneficiaries or married to them. Furthermore, the will must be signed on each page, and if it has multiple pages, the pages must be numbered. If you are not sure whether a will is valid, check with the probate court before contesting it.
Common ways to resolve a will dispute
While there are many ways to resolve a will dispute, the best option depends on the particular situation. Some cases involve several inheritors and require mediation, which is a non-judicial alternative dispute resolution process. In this process, a neutral third party is appointed by the court to sit down with the interested parties and try to come up with a resolution that is acceptable to all parties.
One of the most common ways to resolve a will dispute is to offer a compromise. For example, the beneficiary may not like the property that was left to them. Or, the beneficiary may feel that a sibling was not given an equal share. In these cases, offering a compromise is an excellent way to restore good will and assuage hurt feelings. It can also help resolve the dispute between beneficiaries.