Law Firm

Four Most Common Types of Will Disputes and How to Handle Them

When someone dies and leaves wealth behind, it has to be divided among his or her beneficiaries in some scenarios, the deceased may fail to leave behind a will that dictates what is to be done to his wealth and this can bring disputes. In another scenario, the deceased may leave behind a well-detailed will but disputes can still emerge among the beneficiaries.

Therefore, it is crucial to understand the will dispute scenarios and how to best solve them. This article will highlight the most common types of will disputes and how you can go about them.

Common types of will disputes

  • When beneficiaries contend unauthorised transfer of assets

Sometimes the executor (beneficiary given the power of attorney) is put in charge of the property of the deceased, and then other beneficiaries may term it an unauthorised transfer of assets. If the executor transfers, let us say, some money from a given bank account. Then the other beneficiaries may open a dispute against the act as an unauthorised transfer of assets. Upon investigations by the relevant body, the transferred money can be clawed back and divided appropriately.

  • When Beneficiaries disagree on the selling of estate property

Another big scenario is whereby some of the beneficiaries agree on selling the estate property while others are against it. In this case, either side can try as much as possible to convince the other side why they think it’s right to take that step. However, if they do not reach mutual consent on the matter, then the ones keen on keeping the property have exclusive rights of buying that particular property.

If they are willing to buy the property, then experts are invited to take their measurements and assess the property in order to give it value.

  • When accusations of extreme influence are tabled

We also understand that a family member can use excessive force in trying to influence the deceased into writing a will that will favour him or her. Such a will is termed undue influence and can be challenged in a law court. Depending on the evidence, the will may be declared invalid and cannot be used in dividing the deceased property. In this case, they may use an earlier draft of a will to divide the property or apply the intestacy rules.

  • When a potential heir identifies a problem with the will in question

At times, someone may try to forge a will to look like the deceased in order to get a fair share of the assets. In such a case, the heir of the deceased has the right to challenge that will because it is invalid. Such a problem can be avoided by following the right procedures when drafting a valid will because if it lacks security features then it will be declared invalid. You are always encouraged to generate a valid and comprehensive will while you are still alive to give your loved ones an easy time when the time comes.

Besides, it is important to involve a lawyer while creating a will and ensure that he understands your wishes to the fullest. This will help your loved ones to deal with pain and grief rather than pushing for wealth division.

How to prepare a valid will?

When preparing a will, you should ensure that you hire a suitable lawyer who will commit in writing that they will respect your wishes no matter what after you die.

Attwood Marshall handle will disputes in Sydney. If you are ever caught in a situation where you have to assert your rightful place to inherit something, contact them.

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