There are different reasons why people contest a will. The court system takes time to consider such cases before ruling about the estate distribution. Wills cannot hold if a person successfully challenges them in court. Here are a few causes of contested wills and their solutions. 

Delays

Delays are a common cause of conflicts when executing a will. There is no limit to the time an executor should take to carry out the wishes of the deceased, but beneficiaries can feel that there is a delay, especially if a year or two passes. People expected to be named as beneficiaries can go to court and demand a legal deadline that the executor should follow. 

Such a contest is relatively easy to resolve. For example, the executor might wait several months for a person to contest the will before they distribute the estate. If the executor explains to the court that they are awaiting such claims, the court grants them the allowance. Hence, such a contested will is easy to resolve if the expected beneficiaries are willing to wait. 

Undue influence

If anyone of the beneficiaries influenced the deceased into making estate planning decisions, the others could contest the will. This case requires that a beneficiary proves the issue; otherwise, the executor's decision holds. For example, one might prove that the deceased wrote a will while one of the beneficiaries promised, pressured or threatened them or their family. 

People can perpetrate undue influence in different ways. For example, a beneficiary can deny grandparents the right to see grandchildren if they do not change their will. The estate attorney can help prove or disapprove allegations of undue influence when executing a will. Such an attorney knows the conditions that constitute undue influence and can help you prevent hindrances. 

Exclusion

Another common cause of contested wills is the exclusion of a beneficiary. For example, the deceased person may have a wife or child who deserves to benefit from the estate. The beneficiary thereby takes the matter to court, where they can prove their case. Almost anyone can be your beneficiary if you include them in the will. However, what happens to those you exclude?

For example, kids born out of wedlock are natural heirs of their biological fathers. The child merely needs proof that the deceased person was their biological father. An attorney can help make the case and prove that the person deserved inclusion when distributing the estate. 

Some causes of contested will include delays, undue influence and exclusion of a deserving beneficiary. For more information on contested wills, contact a professional near you.

Share