The probate process is made in such a way that it makes sure to give away the estate of a person as per their wish, but the will of a person can make this process difficult and can cause fights between family members and emotional stress.
It is important to understand how you will solve these situations and get a fair solution. If you want to get help, you can contact expert companies like The Ebbert Law Firm, which gives their clients tips on how to solve contested wills.
It also helps to make sure the person has a clear legal and financial view. It is important to solve problems like improper drafting or pressure to change will. This article will help you to know about the common cause of these fights and the legal solutions.
It will also tell you about the important steps you should take for a contested will. With the right legal help, you can solve these fights, protect the family relationships, and keep the estate safe.
Common Causes of Contested Wills
A contested will can happen for many reasons and can lead to doubts about the will, whether it is original or the situations under which it was made. Below are some of the most common causes of contested wills.
Undue Influence
A person who has control over the person who passed away can put pressure on them to make changes in the will that they do not want. Courts will check the proof to know if the person made the will as per their wish.
Lack of Mental Capacity
If a person who made the will was not of sound mind when their will was drafted, it may not be considered valid. Medical records and witnesses’ statements are important in these cases.
Fraud or Fake Will
There are some serious claims that the will was changed, was fake, or was totally changed, and a new will was made. There are some matters that need proof, like checking the will handwriting of the person who wrote it.
Wrong Language
Wills that do not have clear words or do not have a clear provision can lead people to understand the will in different ways and can cause serious fights between the people to whom the property will be passed.
The Legal Solutions to Solve Contested Wills
When there are fights over a will, the legal system gives solutions to solve them. These processes can be difficult and long, but they are important to make sure that there is justice for all the people who are linked to the will.
Mediation
A different method to solve fights is mediation, which gives parties the option to talk out their issues with the help of a third party who does not take the side of any one party. This method can keep the family relationships safe.
Court Proceedings
If mediation fails to solve the fight, the case may go to the probate court. The judge looks after all the proofs and tells if the contested will is valid or not.
Challenging the Person Who Is Handling The Case
If it is claimed that the person who is handling the case does not manage the estate property or acts in bad faith, the court can ask another lawyer to fight your case to make sure there is proper administration.
Settlement Agreements
People who will get the property can talk to each other and solve the fights without going to court. This can save time, money, and stress for all the people involved in the case.
How to Protect Yourself When Drafting a Will
To decrease the risk of future fights, it is important to do proper planning and drafting. If you take proper steps, make sure that the will shows the real wishes of the person who wrote the will and that you can stay safe from possible problems.
Hire an Expert Lawyer and Conduct Regular Updates
If you get help from a skilled probate lawyer, it ensures that you will obey all the legal standards and that there will be no mistakes or confusion. Life changes like marriages, divorces, or new heirs will need to update your will to show the present wishes.
Take the Right Step And Solve Probate Fights
If you are handling a contested will, you should take action at the right time and get help from experts to make all the difference. It is important to get expert advice from probate lawyers to protect your rights and get a fair solution.
