The Significance of Wills in Estate Planning
A Will is a crucial document that outlines how a person’s property and assets will be distributed among their heirs after they pass away. Considered the final wishes of the deceased, it is essential to ensure that the Will is executed according to the testator’s desires. In cases where a beneficiary is unhappy with their share of the estate, it is important to contest the Will within a specific timeframe to strengthen your claim. While most families are satisfied with their inheritance, disputes usually arise when certain family members believe they have a rightful claim to specific assets.
Key Reasons for Challenging a Will During Probate
There are various grounds on which a Will can be contested following the grant of probate:
1. Lack of Testamentary Capacity
If there are doubts regarding the mental capacity of the testator when creating the Will, such as due to mental illnesses like psychosis or dementia, unhappy beneficiaries may contest the Will based on this reason.
2. Coercion
Family disputes often lead to coercion tactics, where heirs manipulate the testator into favoring them in the Will. Such influence can result in an unfair distribution of assets, prompting beneficiaries to challenge the Will.
3. Improper Execution of The Will
Efficient administration of a Will ensures a fair allotment of assets as per the testator’s wishes. If the Will is not executed properly, especially in cases of intestacy, it can lead to prolonged probate proceedings and disputes among beneficiaries regarding asset distribution.
Understanding the Role of Executors in Estate Management
Issues related to executor misconduct in handling estate matters can lead to disputes and legal claims within six years from the breach of probate. Executors must fulfill their duties diligently to prevent any unfair distribution of estate funds, which could result in additional tax burdens on beneficiaries.
Potential Risks Involved in Contesting Probate
Challenging a Will after probate has been granted comes with risks, including a potential wrongful allocation of property and court proceedings against the contesting party. It is advisable to address any concerns before the probate grant to avoid complications in asset distribution.
Final Considerations
While contesting the probate process can be complex and costly, individuals should seek legal assistance if they believe they are entitled to specific assets from the estate. By ensuring that the executor acts in good faith and beneficiaries have a legitimate claim, the probate process serves its purpose in facilitating a fair distribution of property.
