Dealing with the loss of a loved one is hard enough, but when disagreements arise over their will, emotions can run even higher.
Probate conflicts can complicate the distribution of assets, leading to delays and financial stress for all involved. In many cases, family members or other beneficiaries may dispute the will, questioning its validity or fairness.
These will disputes can create friction among loved ones and drag out the probate process.
In this guide, we’ll explore common causes of probate conflicts, how to handle them, and the steps you can take to prevent such disputes from happening in the first place.
What we’ll cover
What are probate conflicts?
Probate conflicts occur when there are disagreements or disputes over the validity or interpretation of a will during the probate process.
Probate is the legal procedure that confirms the will’s validity and gives the executor the authority to distribute the deceased person’s assets according to their wishes.
However, if someone believes the will is unfair or invalid, they may contest it, causing a will dispute. Common reasons for probate conflicts include:
- Disagreements over asset distribution
- Questions about the will’s validity
- Accusations of undue influence or fraud
- The exclusion of certain family members
- Outdated wills that don’t reflect the deceased’s current wishes
These disputes can delay the probate process and, in some cases, end up in court if the parties cannot reach an agreement.
Common causes of will disputes
There are several common causes of will disputes that can arise during probate. Understanding these causes can help you identify potential issues and handle them appropriately.
1. Allegations of undue influence
One of the most common reasons for will disputes is when a family member or beneficiary believes the deceased was pressured into making changes to the will.
This often occurs when someone claims that another person—such as a caregiver or close family member—exerted undue influence on the deceased, resulting in a will that does not reflect their true wishes.
To challenge a will on the grounds of undue influence, the person making the claim must provide evidence that the deceased was coerced or manipulated into making decisions they would not have made otherwise.
2. Questions about the will’s validity
A will may be contested if there are doubts about its legality or validity.
This could involve questions over whether the will was signed and witnessed properly or whether the deceased had the mental capacity to understand the decisions they were making at the time.
Issues with the signing and witnessing of a will are among the most common mistakes in wills that can lead to probate conflicts. Such technical errors can open the door for disputes over whether the will should be considered valid.
3. Disputes over asset distribution
Even when a will is valid, there may still be disagreements about how the deceased’s assets are divided.
Beneficiaries might feel that they have been unfairly left out or that another person is receiving more than their fair share, which can lead to tension and will disputes that prolong the probate process.
These conflicts are often emotional, as family members may feel slighted or betrayed by the decisions outlined in the will. In some cases, this can lead to drawn-out legal battles that benefit no one.
4. Outdated wills
Wills that haven’t been updated to reflect the deceased’s most current wishes can also cause disputes. For example, if a person remarries or has more children but fails to update their will, it can create confusion and conflict over who should inherit their assets.
It’s important to regularly update your will to ensure it reflects your latest circumstances, especially after major life events such as marriage, divorce, the birth of a child, or the acquisition of significant assets. Without these updates, probate conflicts are more likely to occur.
How to handle probate conflicts
When probate conflicts arise, it’s essential to handle them with care and professionalism. Here are some strategies for managing will disputes and reaching a resolution.
1. Mediation
Mediation is one of the most effective ways to resolve probate conflicts without going to court.
In mediation, a neutral third party (the mediator) helps the disputing parties reach a mutually agreeable solution. Mediation allows the parties to communicate openly and work through their differences in a less formal setting than court.
By keeping the discussions focused on finding a solution, mediation can prevent further damage to family relationships. Additionally, it’s usually faster and less expensive than litigation.
2. Legal advice
If mediation doesn’t resolve the issue, or if the conflict is particularly complex, seeking legal advice is essential.
An experienced probate solicitor can help you understand your rights, evaluate the merits of your case, and guide you through the legal process. In some cases, litigation may be necessary to resolve the dispute.
It’s important to remember that probate conflicts can be emotionally charged, so working with a solicitor who is sensitive to the dynamics involved can make a big difference.
3. Court proceedings
If all other efforts to resolve the conflict fail, the dispute may end up in probate court.
In these cases, a judge will review the evidence and make a ruling on the validity of the will or the distribution of assets. While litigation is sometimes the only way to resolve a dispute, it is time-consuming, expensive, and often leaves family members with strained relationships.
Going to court should be considered a last resort, as it can drag the probate process out for months or even years, depending on the complexity of the case.
How to prevent will disputes
While it’s impossible to guarantee that no one will contest your will, there are several steps you can take to reduce the likelihood of disputes after your death.
1. Draft a clear and legally sound will
The best way to avoid will disputes is by ensuring that your will is drafted clearly and in line with legal requirements.
Working with an experienced solicitor can help you avoid mistakes in the will that could leave your wishes open to interpretation or contestation.
A properly drafted will leaves little room for disagreement among your beneficiaries.
2. Regularly update your will
One of the most common causes of probate conflicts is outdated wills.
As your life circumstances change, such as through marriage, divorce, or the birth of children, it’s important to keep your will updated to reflect these changes. A will that doesn’t include new family members or properly reflect your current wishes is more likely to be contested.
3. Communicate your wishes
Open communication with your family members can help prevent misunderstandings and future will disputes.
If your loved ones are aware of your wishes and the reasons behind certain decisions in your will, they may be less likely to challenge them after you pass away.
Discussing your plans for asset distribution, guardianship of minor children, and other important decisions in advance can reduce the risk of disputes during probate.
This can be especially important when appointing a guardian for your children, as family members may have strong feelings about this decision.
4. Consider trusts and other estate planning tools
In some cases, using estate planning tools like trusts can help prevent probate conflicts.
A trust allows you to pass assets directly to your beneficiaries without going through probate, reducing the opportunity for disputes. Trusts can also be useful for protecting vulnerable beneficiaries or ensuring that your assets are distributed according to your wishes.
However, even with a trust in place, it’s still important to have a clear and updated will. After all, everyone should have a will as part of their estate planning, regardless of whether they use other tools like trusts.
What happens if there is no will?
If someone passes away without a valid will in place or the will goes missing, their estate will be distributed according to intestacy laws.
These laws dictate who inherits the deceased’s assets, based on their relationship to the deceased. Intestacy can often lead to conflicts among family members, as it may not align with the deceased’s actual wishes.
For example, in the absence of a will, a surviving spouse might inherit everything, while children or other relatives could be left out. This lack of clarity often leads to probate conflicts and can make the process much more complicated. To avoid this, it’s important to have a valid will in place.
Final thoughts
Probate conflicts can be emotionally and financially draining, but with proper planning, many will disputes can be avoided. By drafting a clear and up-to-date will, communicating your wishes to your family, and seeking professional legal advice, you can reduce the likelihood of disagreements after your passing.
Remember, keeping your will updated and making your intentions clear will go a long way toward avoiding unnecessary conflicts during the probate process. If you haven’t created or reviewed your will recently, now is a good time to do so.
