The Sad Business of Dealing with Will Disputes

January 13, 2024
6 mins read

The Sad Business of Dealing with Will DisputesBy Features DeskThursday, October 6, 2016.It would seem that the last thing you need when a loved one passes is legal trouble. Unfortunately, disputes regarding a will and testament occur in many instances of recent death. However, the increased unpleasantness shouldn’t prevent you from taking action if you believe you have a strong case. Unhappy with the received shareIf you’re a beneficiary, then many people would expect you to be happy with what you’ve got. But what if you’ve received a lot less than you thought you would? What if an asset has been handed to someone who you wouldn’t have thought the deceased would have wanted it to go to? This can be a tricky scenario. (Then again, what scenario here isn’t a tricky one?) What you can do here really depends on what the specific problem you have is. Lawyers and executors can only do so much, after all. Every estate is different, so how a particular problem has to be tackled will vary greatly. But a lawyer is certainly who you need to be speaking to. A lawyer can help you through the contesting process. Whatever the case, you are legally entitled to ask for information from the executor about the estate. But you should understand that the information the executor has about the creation of the will isn’t always complete. When a will is contested, what gets investigated?Such a circumstance is a serious one and should be investigated thoroughly. Some of the investigations that are called for can be relatively straightforward. For example, vital information might be obtained by reviewing medical records or financial records. Information from any solicitors who worked with the deceased may also prove invaluable.What proves much more difficult is an investigation into the circumstances of the creation of the will. There are, of course, several different types of will. The type will depend on age or other legal statuses. Some of these wills require a witness in order to be valid. In which case, the witness may have final say on what occurred. However, there is the chance that the witness is unreliable or untrustworthy. If they are the target of a dispute, then things get even more complex.Investigators will do their best to find out more about the particular circumstances. But the amount of information they’ll be able to get may be understandably limited. FlickrGetting a copy of the willIt’s not often that families and loved ones actually see the will. The will is often handled solely by the executor of the estate. They have been trusted with the will and will pull any information you need from that. In some circumstances, however, someone may feel that they need to see the will in order to verify certain facts. Problems may emerge if the executor declines your request to see the will, something they are certainly allowed to do.If the executor won’t provide the will, then there are steps you can take. If you contact the Probate Registry, you may be able to get a “search” going. If this process is successful, the will becomes a public document instead of a private one. In other words, it may become a public probate record. This will give you a stronger legal entitlement to see it. Unmarried couplesWhen one person in a married couple dies without having made a will, most assets will be left with the partner. This is compliant with intestacy laws that come into place when a will hasn’t been created. (If there are children over the age of eighteen, then things will be different. The “next of kin”, after all, may change at that point.) But what if you and your partner weren’t married in such a circumstance?The best thing you can do is try to get legally recognised as a common-law partner. In some cases, you may have to prove that you and your partner lived together for at least twelve months. However, if there is sufficient proof of a stable, long-term relationship? Then having lived together may not be a requirement. Hopefully, in such a circumstance, the deceased’s family will be willing to work with you. But even in decades-spanning, deeply loving relationships, people may not get on with the partner’s family! You may need to take further steps towards a recognition of common-law partnership if this is the case.Disputed parentage Most wills will see the vast majority of assets go to family members. This is fair enough in most circumstances. But what if you have legitimate reason to believe that the beneficiary in question isn’t actually related by blood to the deceased?Many people believe that this can only be effectively contested if the beneficiary is (apparently) a son or daughter of the deceased. But any family member who may not actually be consanguine with everyone else could see their share contested. Of course, it may be the case that you believe you are related to the deceased and so are entitled to a share of the estate. In either case, the court will want to see some hard evidence. In the first case, this can be tricky. However, a strongly presented case may result in legal compulsion. In the latter case, you would presumably be willing to get a paternity test done as soon as possible. If a test is on the horizon, you should be sure to check out a paternity test price comparison. Potential validity problems of a willThere are many instances in which a will may not be seen as valid. Much of this will boil down to disputes about its creation. Are you familiar with the phrase “being of sound mind and body”? It’s a phrase made famous in many notable wills, as well as in films and television. It isn’t actually a legal requirement for you to write this in your will. However, the sentiment still has some importance and a lot of legal weight. If you have any reason to believe that the will was created while the subject wasn’t in a lucid state of mind? Then you may have a strong legal case. There will need to be strong reason for you to believe this, though. Evidence will come in extremely helpful. There are some other problems that may be a little trickier to prove. There are cases in which the person who made a given will was actually pressured or coerced into doing so. In such a case, any of the terms could be rendered invalid.

The Sad Business of Dealing with Will Disputes

No Comments currently posted | Add Comment

Comment on this Article

Your Name

Please provide your name

Email

Your Comment

//set data for hoidden fields
//transfer();
var viewMode = 1 ;
//============================================================================
//HTML Editor Scripts follow
//============================================================================
function exCom(target,CommandID,status,value)
{
document.getElementById(target).focus();
document.execCommand(CommandID,status,value);
}

function transfer()
{
var HTMLcnt = document.getElementById(“ctl00_MainContent_txtComment_msgDiv1”).innerHTML;
var cnt = document.getElementById(“ctl00_MainContent_txtComment_msgDiv1”).innerText;
var HTMLtarget = document.getElementById(“ctl00_MainContent_txtComment_HTMLtxtMsg”)
var target = document.getElementById(“ctl00_MainContent_txtComment_txtMsg”)

HTMLtarget.value = HTMLcnt;
target.value = cnt;
}

function hidePDIECLayers(f,p)
{
//e.style.display = ‘none’
f.style.display = ‘none’
p.style.display = ‘none’
}

function toggle(e)
{
if (e.style.display == “none”)
{
e.style.display = “”;
}
else
{
e.style.display = “none”;
}
}

function ToggleView()
{
var msgDiv = document.getElementById(“ctl00_MainContent_txtComment_msgDiv1″);
if(viewMode == 1)
{
iHTML = msgDiv.innerHTML;
msgDiv.innerText = iHTML;
//alert(viewMode);
// Hide all controls
Buttons.style.display = ‘none’;
//selFont.style.display = ‘none’;
//selSize.style.display = ‘none’;
msgDiv.focus();

viewMode = 2; // Code
}
else
{
iText = msgDiv.innerText;
msgDiv.innerHTML = iText;

// Show all controls
Buttons.style.display = ‘inline’;
//selFont.style.display = ‘inline’;
//selSize.style.display = ‘inline’;
msgDiv.focus();

viewMode = 1; // WYSIWYG
}
}
function selOn(ctrl)
{
ctrl.style.borderColor = ‘#000000’;
ctrl.style.backgroundColor = ‘#ffffcc’;
ctrl.style.cursor = ‘hand’;
}

function selOff(ctrl)
{
ctrl.style.borderColor = ‘#9BC1DF’;
ctrl.style.backgroundColor = ”;
}

function selDown(ctrl)
{
ctrl.style.backgroundColor = ‘#8492B5’;
}

function selUp(ctrl)
{
ctrl.style.backgroundColor = ‘#B5BED6’;
}

                                                                                                            

Size 1

Size 2

Size 3

Size 4

Size 5

Size 6

Size 7

//give focus to the msgdiv… always otherwise save button will not save content.
var mDiv = document.getElementById(“ctl00_MainContent_txtComment_msgDiv1”);
try
{ mDiv.focus();}
catch(e)
{
//alert(‘Invisible’)
}
//if ( <> ‘none’)
//

  Send to a friend  |  

View/Hide Comments (0)   |  

  Print

1,018 Comments

  1. Online Shopping Websites Clothes Tips To Relax Your Daily Lifethe
    One Online Shopping Websites Clothes Trick That Every Person Must Be Able To online shopping websites clothes; Liza,

  2. How To Ship To Ireland From Uk Tools To Streamline Your Daily Life How To Ship To Ireland From Uk Trick
    That Every Person Must Know how to ship to ireland from uk; Lyndon,

  3. What Is Lightweight Folding Travel Mobility Scooters?

    History Of Lightweight Folding Travel Mobility
    Scooters folding lightweight mobility scooters (Buck)

  4. asbestos compensation (jqkx.daumee.co.kr) victims
    seek compensation from companies responsible
    for asbestos exposure. Personal injury and wrongful-death claims are used
    to achieve this. A competent attorney can help victims and their families through the process.

  5. What Is The Reason? Online Clothing Sites Uk Is Fast Becoming The Hottest Trend Of 2023?
    online shopping sites with free international shipping, Rene,

  6. Pushchair Easy Fold Tools To Help You Manage Your Daily Life
    Pushchair Easy Fold Trick That Every Person Should Know pushchair easy fold (Tia)

  7. Guide To Double Glazed Window Replacement: The Intermediate Guide To Double
    Glazed Window Replacement double glazed window replacement (Gena)

  8. Veterans Disability Case Techniques To Simplify Your Daily Life Veterans Disability Case Trick Every Individual Should Be Able To veterans
    disability (Alexis)

  9. Double Glazing Installers Near Me Tools To Ease Your Daily Lifethe One Double
    Glazing Installers Near Me Technique Every Person Needs To Be Able To double
    glazing installers near me (Tressa)

  10. Veterans Disability Lawyers Tools To Streamline Your Daily Life Veterans Disability Lawyers Technique Every Person Needs To
    Be Able To veterans disability lawyers, Minnie,

Leave a Reply

Your email address will not be published.

Previous Story

Destination Africa: Why Producer Maame Adjei is Championing African Travel

Next Story

How To Deal With Mental Health Issues In The Workplace

Latest from Blog

A virgin’s quest

A Short Story by Bunmi Fatoye-Matory Friday, June 28, 2024.   Somewhere in Rọ́lákẹ́’s childhood, she learned about Mercedes Benz, but not