Will Disputes and Probate: What You Need to Know
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24 Jul 2024 03:39:11 pm.
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Among the most challenging, it is possible to name the settlement of the wills issues in the framework of the probate procedure.
Knowing some of the factors that define this period can assist you in managing it more successfully.
What is Probate?
Probate is the legal process which takes place after the death of an individual, It involves the confirmation of the will, settling of the deceased’s debts, and the division of the remaining property to the beneficiaries.
This process is administered by a probate court and the process may not be very complicated if the will left behind is not complicated and there are no disputes.
However, when there are conflicts, this process can take a long time and be rather complicated.
Common Causes of Will Disputes
They are frequent when there is a disagreement between the beneficiaries or when someone contests the will and claims it to be invalid. Common causes include:
1. Lack of Testamentary Capacity: This is the case when the issues are raised concerning the capacity of the deceased at the time he or she made the will. If the testator was not of sound mind at the time he made the will then the will can be challenged.
2. Undue Influence: If someone influenced the testator in a way that one had no right to do and in doing so influenced the decisions that the testator made that he or she would not have made, then a will can be contested.
3. Fraud or Forgery: If there are allegations of tampering or forgery with the will then the will can be challenged under this reason.
4. Ambiguities in the Will: At other times, the language of the will is ambiguous or even conflicting and this results in the beneficiaries having different interpretations and this leads to another round of conflict.
5. Exclusion of Dependents: If close family members or dependents of the deceased feel that they have been omitted or not well catered for in the will then they can challenge it.
The Role of the Executor
The executor of the will is a very important person during the probate process of the will.
They are in charge of the property, seeing to it that the debts are paid, and the taxes as well as the assets are to be divided among the beneficiaries.
When there is a will dispute the executor is faced with such issues and must meet his or her duties as set by the law.
This can also include arbitration between the two parties, presenting documents to the court and sometimes standing in court.
Steps to Take in a Will Dispute
If you find yourself involved in a will dispute, here are some steps to consider:If you find yourself involved in a will dispute, here are some steps to consider:
1. Seek Legal Advice: First and foremost, one needs to contact a professional in probate and estate law, a lawyer. They can advise you on the likely outcome of your case and what strategy to have.
2. Gather Evidence: Gather all documents you can refer to in the case; medical documents, previous last will and testaments, and any and all correspondences that may be helpful in the case at hand.
3. Mediation: Many a time conflicts can be solved through the process of mediation in which the two conflicting parties are assisted by a neutral person to come to a common ground.
4. Litigation: If the conflict cannot be solved through mediation then it has to be solved in the court. This is a rather tedious and expensive method and is hence practiced only in the rarest of cases.
Resolving Will Disputes
Disputes concerning wills are complex and can only be solved after a thorough consideration and, possibly, with the help of a professional mediator or an attorney.
The aim is to meet the needs of the deceased and at the same time achieve equity and law in the division of the property.
1. Mediation: It can however be very helpful as has been mentioned. It entails the presence of a third party who assists the conflicting parties to reach a solution without having to go to court.
2. Litigation: If it is not easy to mediate or in case mediation fails then the conflict will be taken to court. Now, a judge will review the case and give a decision depending on the facts that have been presented.
3. Settlement: There are moments when the disputing parties come to an agreement on the settlement of the conflict without going to court.
Preventing Will Disputes
To minimize the risk of will disputes, it's essential to take proactive steps when creating your will:To minimize the risk of will disputes, it's essential to take proactive steps when creating your will:
1. Clear and Specific Language: See to it that the will you prepare is free from technicalities and is easy to understand. Try not to use the ambiguous words and offer a clear plan regarding the division of assets.
2. Regular Updates: Revise your will once in a while; this may be after major events such as marriage, divorce or bearing of children.
3. Legal Guidance: It is advisable to consult an experienced estate planning attorney to get a proper legal will that encompasses your desired will.
4. Open Communication: Before making your will and estate, make it a point to talk to your family and the people who may benefit from your will to avoid conflicts in the future.
Conclusion
Disputes over wills and the probate procedure may be murky and the whole process is rather distressing.
Knowing the causes of conflicts, the executor’s functions, and the process of addressing these problems will assist you in managing this difficult period.
Thus, if you are going to create your will, it is better to act preventively in order to minimize the chances of conflicts between your close people and to ensure that your wishes will be taken into consideration.
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