Not only are probate disputes emotionally draining, but they can be expensive for families. Understanding the most common causes of probate disputes can help to avoid disagreements and more effectively plan estates.
Here are some important factors to keep in mind:
The drafting of the will is crucial
A poorly drafted will is one of the most common causes of probate disputes. Examples of poorly drafted wills include documents that contain contradictory or ambiguous terms. Wills must be precise in terms of how beneficiaries can expect to receive assets.
Undue influence and fraud
Disputes can also arise when there are questions over the validity of the will. This could stem from fraud or undue influence. For example, a beneficiary can lodge a will contest if they believe that the will has been tampered with. Or, a concerned family member could raise concerns if they think their family member was vulnerable at the time the will was modified.
Executor conduct
Executors are fiduciaries. This means that they must act in the best interests of the beneficiaries. Will contents can arise if a beneficiary suspects favoritism or any other form of executor misconduct.
Omitted beneficiaries
A beneficiary may raise a challenge if they have been left out of the will. This is especially the case if they were included in a previous version of the will. When wills are modified, previous versions must be destroyed appropriately and all modifications should be clear and precise.
Even if the testator is careful, probate disputes can still arise. Seeking legal guidance can help you find a satisfactory solution.
