Inheritance disputes occur when family members or beneficiaries feel excluded from a will or wronged. These conflicts lead to high emotional and financial stress, and settling them becomes essential to maintaining familial relationships and upholding the deceased’s honour. Understanding the various causes of will disputes and knowing solutions on how to handle them legally helps avoid time-consuming and costly court battles.
Common causes of inheritance disputes
Will or inheritance disputes stem from a variety of situations. Here are a few of the common reasons why they happen and you should know about:
Ambiguous or poorly drafted wills
When a will contains conflicting provisions or needs clarification, it may result in disagreements between beneficiaries. These ambiguities may happen due to vague language or update failures of the will that reflect the current assets or relationships. Conflicts over the will’s interpretations can quickly escalate, often requiring legal intervention to resolve amicably.
Coercion or undue influence
When a beneficiary claims that the testator was coerced or manipulated into altering their will in favour of someone else, allegations of undue influence may happen. This may be when the testator was in a vulnerable state of mind, such as being ill or elderly, and was dependent on a family member or a caregiver. Proving undue influence demands substantial evidence that results in legal battles with the help of an inheritance dispute attorney.
Lack of testamentary capacity
If the testator’s mental capacity is uncertain, their will can be contested. This means that if the individual was of unsound mind during the drafting of the will, their choices and terms might be questioned. This is a common issue involving those who have mental illness, cognitive decline, or older adults. Conflicts over testamentary capacity often require medical records and expert testimonies.
Sibling rivalry
Sibling rivalry is one of the most common causes of inheritance disputes over generations, especially if one sibling feels they are being mistreated. Conflicts may occur over perceived favouritism, the executor’s responsibilities, or the division of assets. These conflicts often strain relationships and demand legal mediation or litigation to resolve the case.
Competing claims of beneficiaries
In some will disputes, multiple parties feel entitled to the same estate or assets, resulting in ownership or share conflicts. These generally arise involving real estate, business interests, or family heirlooms. When a will is silent on specific assets or unclear, beneficiaries may seek legal remedies to assert their claims.
Disinherited family members
When a family member is excluded from a will, especially if a spouse or a child, disputes are bound to occur. Disherited members may challenge the will’s provisions based on undue influence, lack of capacity, or fairness. Moreover, particular state laws also protect family members, like spouses, to an entitlement to the estate’s portion irrespective of the will’s terms.
Executor’s misconduct or disputes
Executors are solely responsible for estate management as per the will. However, conflicts can arise if the executor is perceived to be acting suspiciously or improperly, like favouring particular beneficiaries or mismanaging assets. Beneficiaries may seek to challenge the executor’s actions through court or have them removed.
Failure to update the will
Life can bring unpredictable scenarios, such as marriage, the birth of a child, divorce, or the acquisition of new assets. And that should be promptly updated in the will, if any. Failure to do so can bring about disagreements at a later time when the outdated will no longer reflect the testator’s relationships, wishes, or assets. Beneficiaries can follow up with will contests that can be lengthy and costly legal battles.
Awareness of these standard causes of inheritance disputes can help individuals understand the probable difficulties that may stem from the dispute process and take necessary steps to avoid conflicts proactively.
Legal avenues for resolving inheritance disputes
Now that you are aware of the various causes of why and how inheritance disputes arise, here are a few practical ways to resolve these cases:
Mediation
Mediation typically involves a third party, such as an inheritance dispute attorney, who assists the disputing parties in reaching a mutually fair agreement. It is the primary step in resolving inheritance disputes, and it can save time and money. Mediation facilitates communication and compromise, which allows for creative resolutions while preserving relationships.
Arbitration
Arbitration is a legal resolution in which a neutral arbitrator makes a binding decision after listening to both sides. It is more formal than mediation but no less than a court trial. Also, this solution is faster and more cost-effective than litigation, even if it asks both parties to agree to the conditions of the arbitrator’s decision.
Litigation
Litigation involves court trials where a jury or a judge makes a binding decision. It can be time-consuming and costly and may also exacerbate familial tensions as a necessity to resolve contentious or complicated disputes. In inheritance disputes, experienced legal representation is often essential due to the significant weight of proof, especially in cases involving a lack of capacity or undue influence.
Will contest
Will contest is a formal challenge rather than a resolution to the will’s validity. The grounds for a will contest include undue influence, fraud, lack of testamentary capacity, or an updated recent will. Contesting a will is often an expensive and lengthy litigation process, where the will can be invalidated in part or whole.
Negotiation
One of the easiest ways to resolve inheritance disputes effectively is through direct negotiation among parties or through skilled attorneys. This approach works well when the involved parties are willing to compromise and prevent spending on litigation expenses. Negotiation enables flexible agreement terms and is a good option when parties wish to maintain control over the outcome.
Alternative dispute resolution (ADR)
Alternative dispute resolution mechanisms, such as early neutral evaluations or settlement conferences, can be used to resolve will disputes. These procedures require a neutral evaluator who assesses each side’s strengths and weaknesses and helps facilitate a settlement. ADR is quicker and more inexpensive than litigation, allowing involved parties to reach an agreement without any legal trial.
Wind up
Any type of inheritance dispute involves complicated processes that drain the involved parties. These issues can be effectively addressed when family members prioritize communication and estate planning. Therefore, engaging an experienced will dispute attorney early on in the case can offer assistance to protect your rights and improve the probability of reaching a favourable outcome. This proactive approach allows individuals to work towards managing inheritance disputes in a productive and constructive manner.