There are many different reasons that Will Disputes can arise within a family. Here are five ways that you can deal with them. Contesting a Will UK differs from country to country, so you will want to contact Will and Probate solicitors for further advice based on where the decades lived within the UK.
If There is a Will
If there is a Will, then that means that your loved one’s wishes will be respected, rather than divvied up based on what the law deems is fair. What happens when a Will is contested is that the matter is taken up in the courts. A settlement can occur beforehand, yes, but the final matter if pressed will be determined in a court of law. If there is a Will:
And There is a Delay in the Execution of the Will
Every Will should have named an Executor. This Executor will then need to apply for Probate or the equivalent of wherever the deceased lived. This will give them the right and ability to settle the deceased’s affairs and to carry out the Will as the decades wished.
A dispute can occur on the executor if the person in question takes too long in assuming their role. Though there is no legal time limit, a year is often seen as customary. If the Executor takes longer, the family members can then apply to the courts to have a deadline applied to enforce the Executor to act.
And There is a Disagreement About the Estate
If there is a disagreement about the Estate of how it is being divided amongst the beneficiaries, then there are a few ways to resolve the matter. If all the children of the deceased are bequeathed the family home, for example, there could be issues as to who owns it. The property can then either be liquidated and its price shared, or one child could buy out their siblings. This way the siblings will receive their portion while one child will receive the property.
And There is a Disagreement in the Will
If there is a disagreement in the Will, for example, you believe you have been unfairly excluded, then you will need to make your case to the courts. An unmarried spouse, for example, can claim financial dependency and win a portion of the Estate as they were under the deceased’s care. It is important to remember, however, that when contesting a Will this way you must prove financial need. Adult children who were left out of the Will who are self-sufficient rarely win in these cases.
And If There is a Cause for Suspicion About the Will
If there is any cause for suspicion about the Will, you will need to prove it. The burden of proof is on you, and therefore you will need to acquire evidence and witness testimonies and present your case in court. If it is determined there has been unfair play an earlier version of the Will may be used.
If There Isn’t a Will
If there isn’t a Will then the assets will be given to those deemed by the law. You will need to take your case to court in order to receive a portion of the deceased estate.