As an executor of a will, you want to honor the deceased person’s wishes and ensure a smooth estate distribution. However, family members sometimes contest the will, leading to costly and time-consuming legal battles. But why does this happen? And more importantly, how can you address it?
Unequal distribution of assets
A common reason for contesting a will is the perception of unequal distribution of assets. Family members may feel slighted or believe the distribution does not align with the deceased’s true intentions. To address this, it is essential to collect documentation and testimony to support the deceased person’s intention. Openly communicate with the contesting party to explore possible solutions, such as mediation or a settlement.
Lack of capacity or undue influence
Family members may also contest a will if they believe that the deceased person lacked the mental capacity or that someone else influenced them when writing the will. To tackle this, it is crucial to have medical records and witness statements to prove the will’s validity. Engaging legal and medical professionals to support your case can also help counter the contesting party’s claims.
Exclusion of family members
Some family members may feel left out or excluded if they are not mentioned in the will or if they receive a smaller inheritance than expected. To address this, consider seeking the help of legal professionals to help explore the deceased person’s possible reasons for excluding the party. This can be a complex and sensitive matter. Mediation can facilitate a resolution that respects the deceased person’s wishes while addressing the excluded party’s concerns.
Seeking legal help
Managing a will contest can be a complex process. As an executor, it is essential to prioritize your duties and seek legal help when needed. An experienced probate litigation attorney can offer valuable guidance and support in resolving disputes efficiently and effectively.
By understanding these common reasons for challenging a will, taking steps to address the issues and seeking necessary guidance, you can help ensure a smooth transition of the estate and minimize the likelihood of costly legal disputes.