When someone in the family passes away, disputes in the will may arise. Disputes are more likely to occur when the deceased did not have a will to divide the deceased’s properties among other family members. When creating a will and/or leaving a last will and testament, creating it with legal assistance ensures that no problems regarding the will are left open to interpretation by potential disputes.
Thankfully, the most typical disputes can often be resolved without much issue with legal professionals stepping in to help and the beneficiaries giving their full cooperation.
Read on to learn more about the most typical will-related disputes that are easily resolved:
It Is Easy To Resolve WIll-Related Disputes Due To Estate Property Disposition Disagreement
One of the biggest issues for the family of a person who passes on is the family home. Even if they want to sell the family home, in some cases, some practically demand that it be kept in the family. In terms of disputes, this is arguably one of the most common one amongst families.
Typically, solving this is best done by the people wanting to keep the home buying out the shares of those looking to sell it. It may be possible through a clause from the deceased in the will to buy the property from the estate. Some wills may not have this, but it’s still possible for an agreement to be concluded.
If there are beneficiaries (or a singular beneficiary) buying the household, calling on an expert to offer an accurate property valuation is necessary. That way, they can determine the best price that should be paid out.
It Is Easy To Resolve WIll-Related Disputes Due To Executor Delays
The whole point of an executor is for them to manage the probate process and carry the deceased’s wishes out. Before anything else, a probate grant is needed and they will have to take steps to get it. There’s no particular time limit for actions to be taken by the executor. A probate has to be applied for within a year (12 months) after the person who made the will that has to be carried out dies.
Should the executor take over a year to take action, people who expect to be beneficiaries of the common will are not left without recourse. It’s possible for them to seek a deadline through applying to the court by which the executor takes out a grant of probate.
It Is Easy To Resolve WIll-Related Disputes Due To Unathorized Transfers of Assets
Sometimes, a child or close family member is made the executor or given power of attorney to the chagrin of others. Beneficiaries could raise issues regarding unauthorized, distrustful asset transfers by the chosen person in charge.
If funds were moved from bank accounts, they could argue the asset transfer was unlawful. When in doubt, calling on forensic accountants will help clear things up.
Conclusion
Will-related disputes are not unusual occurrences. Several of them, however, are more common than others. This includes unauthorized transfers of assets, estate property disposition disagreement and executor delays.
Need help involving wills and estate? Do not look further than Bickell & Mackenzie, a well-known family-owned law firm! Based in the Redlands area, we specialise in conveyancing, family law, as well as will and estates administration. Contact us today!
