Disputes can often arise over the distribution of a family member’s assets once they have passed on. This is commonly the case where no will or arrangements were made to manage the deceased’s estate. In such cases, surviving family members may argue over the division of certain assets or claims may be made by more than one individual over the same property.
While careful estate planning can greatly reduce the chances of such complications arising, estate disputes and challenges can still arise in a variety of situations. In this article, we will discuss some of the common types of estate disputes and explore legal remedies to resolve them.
Common Estate Disputes
- Inheritance disputes: These types of conflicts can arise in several different ways. The beneficiaries may disagree about the distribution of certain assets or their entitlement may be challenged by an heir. Unnamed heirs or individuals who claim they have rights to the estate may believe they have been unfairly treated. If you would like legal help in defending against a contested inheritance claim, you can visit this website for more information.
- Breach of fiduciary duty: The trustees and executors of a will have a fiduciary duty to ensure that the assets are managed and distributed in accordance with the deceased’s wishes. Beneficiaries may disagree on the handling of estate assets or the conduct of the trustee or executor. For example, they may argue there has been mismanagement of the assets held in the estate or claim that the trustee or executor is acting in their own best interest rather than those of the beneficiaries.
- Undue influence or lack of capacity: Allegations may be made that the deceased was coerced into making or changing their will or estate plan, or lacked the mental capacity to do so.
- Interpretation: Disputes may arise over the interpretation of an estate plan. Documents could contain unclear or contradictory provisions that are open to differing interpretations and lead to different outcomes.
Legal Remedies
There are several ways disputing family members may choose to resolve their estate disputes under the law. These include the following:
- Litigation: This adversarial approach to solving a dispute will involve filing a lawsuit with the courts. Here, a judge will hear the arguments put forward by both side’s lawyers and make a ruling based on the evidence. This can be a lengthy and costly process but one which may be more appropriate where negotiations or mediation has failed.
- Meditation: Compared to litigation, this route offers a relatively cost-effective and private means to resolve an estate dispute. Here, a third-party mediator will facilitate communication between the parties, helping them reach a mutually agreeable outcome.
- Removal of executor: In cases of breach of fiduciary duty by an executor, the beneficiaries, heirs or other interested parties can petition the court to remove the executor and appoint a replacement.
- Modification of estate plan: Courts can also be petitioned to modify the estate plan to more accurately reflect the wishes of the deceased. This is common where there is ambiguity or lack of clarity in the provisions of the estate plan.
The most appropriate course of legal action will depend on the facts of each situation and the relationships of those involved.
