While we can never completely eliminate all disputes, good estate planning and thoughtful consideration of one’s final wishes can help to significantly reduce the likelihood of them occurring. However, Professional Will Dispute Representation best efforts, disputes can arise at any time and have the potential to delay the administration of the estate, deplete valuable estate assets, and permanently damage relationships among heirs and beneficiaries.

How do you resolve will disputes?

A common source of dispute is when a deceased person’s will and trust fails to reflect the wishes of some or all of his or her family members. In particular, children from a previous marriage may feel slighted by their relative’s lack of priority when it comes to inheritance.

Other causes of dispute can include issues with the validity of a will or trust. For example, if it is found that the deceased person did not have the required testamentary capacity when the will was made (such as dementia or Alzheimer’s), this can render the will invalid.

Often, disputes can be resolved out of court through mediation or other forms of dispute resolution. However, if the parties are unable to reach an agreement, the claim will usually be litigated (argued in court).

If you have questions about a probate matter or have reason to believe that a will or trust is not valid, you should seek legal advice immediately. There is normally a strict time limit within which a claim can be brought, although in some circumstances, it may still be possible to bring a claim even after this period has expired.