Five common will-related disputes that can be resolved easily

Last Updated at: January 14, 2020
588
Five common will-related disputes that can be resolved easily

Usually, disputes will arise whenever someone in the family passes away. The major cause of dispute will be due related to properties and the way the same is divided among others. To keep the disagreement and disputes minimal, it is important to draft a will with legal assistance as it will prevent litigation in the future.

It is common for will disputes to arise when someone passes away as the deceased’s properties must be divided. When the deceased has a left a valid will in place, the disputes and disagreement should be kept to the minimum. However, in certain situations, even after instructions were left behind, disputes can still come up and in most cases they are unavoidable.

Listed below are some of the legal services provided at Vakilsearch. If you find them useful, feel free to contact us.

 

The common will disputes, for instance, that usually arise can be prohibited by the deceased with cautious drafting of a will or can be resolved easily with the cooperation from beneficiaries and assistance from legal professionals.

Here are the most common five will disputes that can be resolved easily with court litigation.

Delay by executors

Executors are accountable for carrying out the wishes of the deceased and managing the probate process. Firstly, executors need to obtain a probate grant. There is no specific legal time limit in which the executor needs to take action. If there is a delay by the executor for more than a year, those who expect to be named themselves as beneficiaries in the common will can apply to the court seeking for a deadline by which the executor is obliged to obtain a grant of probate.

Disagreement on the disposition of the estate property

A big question for many of the families is whether the family home can be sold or whether it needs to be kept in the family.  Usually, the best way for this problem to be fixed is for the beneficiaries who want to keep the household to buy out the interest of those who want to sell. The deceased may clearly spell out that beneficiaries have an option to buy the household from the estate, but even if the will does not include this facility, an agreement can still be reached and concluded. When one or more beneficiaries will buy the household, the parties should consider looking out for an expert to conduct the valuation of the property to decide an appropriate amount to pay.

Make A Will

Transfer of unauthorized assets

When a close family member or child is given the power of attorney, named as executor or else put in charge of the assets of the deceased, other beneficiaries might argue that there have been distrustful unauthorized asset transfers by the individual in charge of managing money.  If the individual with power of attorney moved funds out of bank accounts, for instance, the other beneficiaries might argue that the transfer of assets was an unlawful and unfair reduction of the estate value. When there is a doubt of unauthorized transfers, forensic accountants can review records to control if property or money was inappropriately removed from the estate. If so, the assets can be scraped back. An executor who removed funds can also be removed as executor or allowed to probate the will with the understanding that he/she will receive a lesser share of the estate.

Accusations of undue influence

If a family member or friend disproportionately influenced the deceased regarding the estate planning, a will formed under the duress or as a result of undue influence may be declared invalid and challengeable.  Close friends and family can challenge a will, but they need to prove a problem has occurred in its formation. If proof of duress or undue influence makes the will not valid, previous versions of a will might be applied or intestacy rules will dictate how the estate can be divided.

Pointing out problems in the will

Many individuals try to create a will themselves or use informal wills or will kits. These wills are more inclined to being challenged because they might not be clear about the wishes of the deceased or because they might not follow all the requirements related to the creation of a valid will. This can be generally avoided by consulting with a lawyer when the will is created. If there is no lawyer consultation and the deceased has passed away, then the court will make a decision on whether a will should be probated and on what the will means for beneficiaries.

Evading problems by forming a valid, inclusive will prior to death is one of the utmost gifts one can give to their loved ones. Consulting with a lawyer regarding protection of assets and ensure the wishes are respected can allow the family and friends to focus on dealing with sorrow rather than legal fights when one is passed away.

As property disputes are common and lead to court litigation, if you want your future generations to be free from the same, then you need to have a will drafted well in advance. This way, you will be able to give the utmost gifts to your loved ones as you desired.

Five common will-related disputes that can be resolved easily

588

Usually, disputes will arise whenever someone in the family passes away. The major cause of dispute will be due related to properties and the way the same is divided among others. To keep the disagreement and disputes minimal, it is important to draft a will with legal assistance as it will prevent litigation in the future.

It is common for will disputes to arise when someone passes away as the deceased’s properties must be divided. When the deceased has a left a valid will in place, the disputes and disagreement should be kept to the minimum. However, in certain situations, even after instructions were left behind, disputes can still come up and in most cases they are unavoidable.

Listed below are some of the legal services provided at Vakilsearch. If you find them useful, feel free to contact us.

 

The common will disputes, for instance, that usually arise can be prohibited by the deceased with cautious drafting of a will or can be resolved easily with the cooperation from beneficiaries and assistance from legal professionals.

Here are the most common five will disputes that can be resolved easily with court litigation.

Delay by executors

Executors are accountable for carrying out the wishes of the deceased and managing the probate process. Firstly, executors need to obtain a probate grant. There is no specific legal time limit in which the executor needs to take action. If there is a delay by the executor for more than a year, those who expect to be named themselves as beneficiaries in the common will can apply to the court seeking for a deadline by which the executor is obliged to obtain a grant of probate.

Disagreement on the disposition of the estate property

A big question for many of the families is whether the family home can be sold or whether it needs to be kept in the family.  Usually, the best way for this problem to be fixed is for the beneficiaries who want to keep the household to buy out the interest of those who want to sell. The deceased may clearly spell out that beneficiaries have an option to buy the household from the estate, but even if the will does not include this facility, an agreement can still be reached and concluded. When one or more beneficiaries will buy the household, the parties should consider looking out for an expert to conduct the valuation of the property to decide an appropriate amount to pay.

Make A Will

Transfer of unauthorized assets

When a close family member or child is given the power of attorney, named as executor or else put in charge of the assets of the deceased, other beneficiaries might argue that there have been distrustful unauthorized asset transfers by the individual in charge of managing money.  If the individual with power of attorney moved funds out of bank accounts, for instance, the other beneficiaries might argue that the transfer of assets was an unlawful and unfair reduction of the estate value. When there is a doubt of unauthorized transfers, forensic accountants can review records to control if property or money was inappropriately removed from the estate. If so, the assets can be scraped back. An executor who removed funds can also be removed as executor or allowed to probate the will with the understanding that he/she will receive a lesser share of the estate.

Accusations of undue influence

If a family member or friend disproportionately influenced the deceased regarding the estate planning, a will formed under the duress or as a result of undue influence may be declared invalid and challengeable.  Close friends and family can challenge a will, but they need to prove a problem has occurred in its formation. If proof of duress or undue influence makes the will not valid, previous versions of a will might be applied or intestacy rules will dictate how the estate can be divided.

Pointing out problems in the will

Many individuals try to create a will themselves or use informal wills or will kits. These wills are more inclined to being challenged because they might not be clear about the wishes of the deceased or because they might not follow all the requirements related to the creation of a valid will. This can be generally avoided by consulting with a lawyer when the will is created. If there is no lawyer consultation and the deceased has passed away, then the court will make a decision on whether a will should be probated and on what the will means for beneficiaries.

Evading problems by forming a valid, inclusive will prior to death is one of the utmost gifts one can give to their loved ones. Consulting with a lawyer regarding protection of assets and ensure the wishes are respected can allow the family and friends to focus on dealing with sorrow rather than legal fights when one is passed away.

As property disputes are common and lead to court litigation, if you want your future generations to be free from the same, then you need to have a will drafted well in advance. This way, you will be able to give the utmost gifts to your loved ones as you desired.

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