What are some common causes of will disputes?
You go through the process of creating an estate plan in order to avoid uncertainties after you pass away. The goal is to make things easier for those left behind, and to clearly outline your wishes so that your family doesn’t have to guess about what you wanted. However, many families encounter will disputes, even when they made an effort to create clear guidance on how to distribute assets.
If you encounter estate issues, finding a skilled estate attorney to represent your interests is often the best course of action. The following information is provided in the hopes of educating people on the more common types of will disputes that arise, so that steps can be taken to avoid a similar fate.
Ambiguity can leave your wishes open to interpretation
The language used to draft a will must be clear, precise, and in line with existing legal guidelines. This is not the place to be poetic or vague. Clearly outlining your wishes is a critical part of drafting a successful will.
Many people run into trouble with ambiguity when they try to save money by drafting their own will or using an online template to create a will. These documents need to be properly outlined and completed, and this is not an area of law where a one-size-fits-all approach is likely to yield positive results.
Don’t let the desire to save a little money now throw your loved ones into an expensive and contentious legal battle after you die. Work with an experienced estate planning attorney to create a will that is clear and to the point.
Not treating all children equally
In cases where assets are not intended to pass down to heirs in an equal and balanced manner, it’s easy for one heir to feel slighted. If one of your children receives less than another, tensions can quickly rise and turn into a nasty legal battle between siblings.
If you plan to distribute your assets in a way that benefits one child over another, it’s important to document your wishes using clear language. In the event the will is challenged, anyone who reads the document should be able to easily determine your intent.
Drafting wills for unconventional families
If your family tree is especially complex, it makes sense to create a clear estate plan to guide the distribution of your assets. If you’ve been previously divorced or had multiple long-term partners, issues can arise over which individuals receive assets.
One common example is when an individual creates an estate plan that leaves the bulk of assets to his partner. As the years pass, however, he might find that relationship unrewarding and move on to fall in love with someone new. If the prior estate plan is not updated and kept on file, an unexpected death can turn into an unexpected loss of assets for the new partner. At that point, the only avenue for legal recourse is presenting the matter to a court of law.
Multiple wills can create tension and confusion
One of the most common causes of a contested will is the presence of multiple wills. While it is certainly a good idea to make a periodic review of your estate planning documents to ensure they remain aligned with your wishes, creating multiple different wills can make it difficult to determine which set of wishes should be adhered to.
If you’ve created more than one will, taking steps to destroy the previous will is a good place to begin. You can also clarify the issue by clearly dating your updated will so that anyone who reads the documents can determine the date when you put those wishes into writing.
When creating a new will it is also important to do so while in a calm and stable mental and emotional state. One of the primary ways to contest a will is to argue that the person who drafted or dictated the will was under duress at the time. Determining duress is an incredibly subjective process.
Not following the rules
Each state has a list of guidelines for creating a will, and those guidelines must be followed exactly to ensure the will can be upheld in a court of law in the event of a dispute.
Having the right number of witnesses is a prime example. The rules of your state determine how many witnessed must be present during the signing if a new will. This is not just a technicality, your witnesses are intended to serve as proof that you created your will while in a healthy state of mind and not due to undue pressure from any outside source.
The provisions laid out in a will must also be clear. The will should state the full legal name of the person it’s being created for. It should appoint a personal representative who is tasked with handling the distribution of assets among heirs. Wills must also have at least one substantive clause, meaning there needs to be language outlining what is to be given to whom in terms of assets.
When should I contact an estate attorney about a will dispute?
It’s important to reach out to an estate planning attorney at the first signs of disagreement among surviving friends or family. This is true regardless of whether you’re the party who wishes to file a will dispute or the party attempting to shield the estate from a dispute.
Working closely with a skilled attorney is the best way to navigate estate issues, even if they are relatively simple and straightforward. A small degree of effort to seek high quality legal guidance at this stage of the process is well worth the potential rewards.
