There is a reason why many of Charles Dickens’s novels broached the subject of will disputes. They catch people at their worst.

What makes having a death in the family even worse? Having to argue over who and where all of their possessions belong. 

Grief is painful enough, but when you add bickering into the equation, things can get out of hand quickly. Are you wondering how to settle a will dispute the right way? If that’s the case, we are here to help you out. Click here for more!

How Do Will Disputes Happen

Inheritance issues arise, no matter what the economic situation of those involved. They can happen to low-income families just as quickly as they happen to affluent families. 

Even when there’s little to no wealth, second marriages, or questions of illegitimate children, survivors can create issues of dispute. The primary reason, people become sentimental about loved ones’ property after they die.

There can also be disputes over responsibility, such as who should raise the deceased’s children. Things may seem petty, but death is trying on all of us, and people cope in different ways. 

Common Causes of Will Disputes 

Will disputes breed many forms of drama. But the reasons for drama are always the same. Here are a few of the most common examples. 

Failure of Intentionality

Scenes of will dispute mediation are all over the television. And why shouldn’t they be? Where else can you find that much conflict sitting in one room?

The scene is always the same, the attorney reads the will in a monotone, and by the end, someone is crying, someone is outraged, and someone is holding back a ghastly smirk. The outraged person will usually lead with something like, “He/she was not of sound mind! They didn’t know what they wanted!” 

Above is a prime example of a failure of intentionality dispute. The aforementioned family member believes they were left out of the will by accident. 

A lack of coordination from estate documents, inherent property rights, and a failure to keep estate plans current with changing tax laws can cause a failure of intentionality dispute. 

Perceived Inequity

If family members believe they were duped, or have a right to a specific property, they can issue a perceived inequity dispute.  

Common examples include a daughter who cares for her father through illness. The daughter uses her resources, income, and assets to take care of her father.

When her father dies, however, the daughter and her siblings have equal proportions of the estate.  The daughter may ask for more of the stake because she used more of her assets than her siblings. 

In the opposite scenario, a child borrows money from a parent. When the parent dies, the will does not deduct the money the child borrowed. In this case, the other siblings may file a dispute for the deduction of the money the child borrowed from their share of the estate. 

Wrongful Acts 

If the estate holder was subject to financial mistreatment during their lifetime, the family of the estate holder could file a dispute.

A caretaker abusing their access to their client’s finances is a typical example of this type of financial mistreatment. The abuse becomes evident after a lawyer conducts an inventory of the estate holder’s funds. 

Another example is an estate executor or trustee breaching his or her fiduciary duties by mismanaging assets, self-dealing, or over-charging for services.

How to Dispute a Will In Court

The most common form of disputing a will is taking the issue to court, a complicated process. The disputing party must have legal standing as a beneficiary of the decedent, as a creditor, or a legal claimant against property in the estate. 

This form of dispute excludes anyone who is named a beneficiary in the estate documents. It also excludes those who would have a right to the estate if the will were deemed invalid or does not exist.

For example, if the estate holder does not make it explicitly clear of their intention to exclude an ostracised child from their inheritance in the will, the shunned child can dispute the will in court.

Improper Evidence

Beneficiaries must also provide sufficient evidence the estate plan terms were inadequate. Evidence pointing to insufficient terms includes medical records documenting the testator’s mental incapacity while they drafted the will or proof the estate holder was coerced or frauded in the management or disposition of his/her assets.

Newly discovered wills or trusts can preempt former documents. But if f the document was incorrectly signed or executed, the estate defaults to earlier records. 

Out of Court Will Disputes 

Out-of-court mediation is also a possibility. In these cases, a trained mediator, most often an attorney, tries to create a mutually beneficial contractual agreement among all parties. 

However, mediators are not required to reach a contractual agreement, so they’re not allowed to provide legal advice to any party due to conflicts of interest.

Mediation is the preferred method for smaller disputes. It saves the affected parties money, time, and the stress of a long, drawn-out trial. Intervention can also be useful in cases that require confidentiality. 

Deciding whether mediation is right for a case depends on the risk vs. reward factor. Are the potential winnings worth the risk of the incurred legal fees? Protracted legal proceedings can also tear a family apart. 

The Best Solution 

The best solution to a will dispute is avoiding them altogether. This require s a reframing of how one approaches their estate plans. Instead of thinking about estate planning as a “one and done” process, individuals should consistently revisit their will to decide if it reflects their wishes.

Family dynamics and circumstances change. It would be terrible to leave a beloved grandchild out of a will because they weren’t born when you drafted the will. 

Another way to prevent will disputes is to communicate with the beneficiaries. Too often, families are left to their own devices, not having a clue what the estate holder felt about the disputed topic.

Estate holders should be direct with their heirs and communicating their desires and what the heirs should expect.

Understanding the potential points of conflict among family members is a valuable piece of information. This information allows estate holders to discuss potential disputes with their attorneys. Addressing possible differences with an attorney ensures the estate documents avoid those points of contention.

Avoid the Pains of Will Disputes

Will disputes make for captivating drama. Where would we be without Bleak House and others of Dickens’ most beautiful masterpieces? But will disputes are awful experiences for those involved.

Look out for your family, and revisit your wills frequently, so you don’t become a topic in the next great author’s books! Read more of our blogs to discover interesting facts about interesting places, amazing science, and motivational people.