Most of the time, testament documents do not need to be disputed and all of the assets can be divided between loved ones without any disagreements. However, this is not always the case. Disputes need to be resolved amicably with the help of a lawyer.
These situations need to be brought to a close as quickly as possible with a satisfactory outcome. Everything needs to be handled carefully because this is an extremely sensitive matter.
What are common will disputes and solutions?
- Hidden Assets
- No Signature On The Document
- Will Was Made Under Coercion
- Will Was Made By Someone Of Unsound Mind
- Will Signed By Deception
- Will Forged
- You think that the executor of the will is hiding some assets and now releasing them to the people that have been named in the will. You can hire a solicitor experienced in will disputes to make a case if you do not agree on a settlement offered.
- There is no signature on the document. This could be because the will maker forgot to put their name at the bottom of the document. It could also be because the will was removed by someone else so that a signature could not be put onto the document. You can enlist a lawyer to make this challenge.
- A will needs to be made under the free will of the deceased without coercion from others. You might think that there has been some coercion by others. For example, you might spot that a distant relative has been named or that an organisation the deceased barely mentioned has been left a large sum of money in the will. This could be grounds for you to make a claim based on your feeling that the will was made with coercion. A lawyer can help you to construct the claim including compelling evidence.
- A will can be challenged if you think that the testator was not of sound mind. You might make this claim if the deceased was suffering from a condition such as Alzheimer’s or dementia. This could have influenced the content of the final will that they left behind. If you suspect that this is the case, you can mount a challenge with the assistance of a highly-experienced lawyer.
- Deception is another reason for making a challenge to a will. The person may have believed they were signing a copy of their will when in fact it was something else entirely. People may use this method to claim assets that are not rightfully theirs. Solicitors will build a case with evidence to prove that the will was signed through deception from another person.
- A forged will occurs when the signature has been copied and transferred onto a fake document. This is a serious offence and can be challenged by people who have not received the assets that they are entitled to.
Wills can be challenged in a variety of different ways.