Most disputes occur when a relative dies. Most disputes arise from disagreements over property ownership and how it’s divided among other members.
It is important to have a will with legal advice in order to avoid future litigation.
In the event of the property being divided, it is common for will disputes to arise following the death.
Disagreements and disputes will be minimized if the decedent left a valid will. However, there are situations where disputes can continue even after instructions have been given.
For example, a common will dispute can be solved by the deceased by making a detailed will draft or by inviting beneficiaries to the table and enlisting the help of legal professionals.
These are the five most common disputes, which can be easily resolved through court proceedings.
Executors Are Responsible For The Delay
Executors are responsible to execute the wishes of the deceased and handle the probate process. Executors must first obtain the probate grant.
Executors are not required to act within a specific time limit. Executors must file for probate within 12 months of the death of the person whose will they are fulfilling.
If the delay by the executor is longer than one calendar year, beneficiaries who are anticipating being named in the general will can petition the court to set a date for the executor to obtain a probate order.
There Is A Disagreement About How To Dispose Of Estate Assets
Most households are often asked this question: Should the family sell the house? This is a common argument among families.
Most people agree that beneficiaries who wish to stay in the family must assume the interests of those who wish to sell.
The deceased stating could make a will that the beneficiaries can purchase the house from the estate. Even if this option is not included in the will, it could be agreed upon and signed.
It is recommended that beneficiaries who plan to buy the house hire an appraiser to help them determine the right price.
Transfer Of Unauthorised Assets
A family member or child who is close to the deceased can be named executor of the estate.
Other beneficiaries might claim that the person responsible for managing the funds made untrustworthy or illegal transfers of assets.
For example, if the power of attorney transfers funds from bank accounts, other parties could argue that it was illegal and a disproportionate decrease in the estate’s value.
If there is suspicion of an illegal transfer, forensic accountants can examine the records to see if any property or funds were taken from the estate.
The assets may be returned if this is the case. If funds have been taken, the executor could be removed or allowed to probate the will. However, they will receive a smaller percentage of the estate.
Influence: The Accusation
A testamentary will could be invalidated if it was made under duress or because of unjustified influence by family members or close friends. A will may be challenged by family and friends, but they must show that there was a problem with its creation.
Older versions of wills may still be valid if there is evidence of pressure or unjustified influences. The rules of intestacy will govern how the estate is divided in the event of death.
Indicating Problems In The Will
Many people try to create a will by themselves or using a kit of wills. Because they may not be clear about the wishes or desires of the deceased, wills that aren’t properly prepared are more likely to be challenged.
They may only be able to follow some guidelines in order to make a will that is effective. It is possible to avoid this by consulting an attorney after the choice has been made.
If the deceased has died and there is no attorney consultation, the court will determine if a will must be made and what the meaning of the will is to the beneficiaries.
One of the greatest gifts one can give to loved ones is to be able to solve problems by drafting a comprehensive, appropriate will before death.
An appointment with a lawyer to discuss the protection of assets, and ensure that the wishes are respected can allow the loved ones and their friends to grieve instead of arguing about legal issues when the person passes away.
Most property disputes result in lawsuits. A will is essential if you want your children and grandchildren to be protected.
This will allow you to give the most extravagant gifts to your loved ones, according to what you desire.
Despite this, there are many reasons why the word “will”, may not be considered unjust.
- If the will isn’t correctly drawn or explained in a clear way, or if the will is not witnessed
- Any evidence of ad-hoc influence from a third party
- Due to various health issues, the will-writer was mentally incompetent
- If the will isn’t executed correctly
- Slow executioners can lead to delays in administration
- If the will does not include any reasonable provision to finance,
- If the behavior of the executor doesn’t match,
Last Words
Everyone, no matter how wealthy or rich, will encounter will disputes. There are many ways to resolve will disputes.
- To reduce conflict’s impact, mediation and negotiation are recommended.
- Before the will is written, it is a good idea to consult a lawyer. This will ensure that you are fully aware of all the privileges and conflicts. It is best to have a will written by professionals who are familiar with writing wills.
- Communicating with loved ones is a great way to avoid confusion about the nature of your will.
- The will writer should be smart.
- Gathering all evidence and facts relevant to the will
- The will must be written by someone who is willing to do so.
- Verify that your will is secure
If you need professional help to resolve will disputes in central coast, contact us.