You might think that inheritance disputes only happen in Hollywood, but they sadly occur a lot and many times among normal families. There doesn’t even need to be large sums of money involved, survivors still disagree about matters such as the disposition of personal sentimental property.
Three of the most common causes of inheritance disputes are as follows:
Failure of Intentions: We often see the drama on TV and films where families gather in the lawyer’s office after the funeral of a relative. When the lawyer finishes reading his will or trust, someone faints or gets up in anger in protest, claiming “That’s not what he meant!” In short, they believe that they have been left from inheritance due to an accident. These errors can result from a lack of coordination of inherent land documents and property rights, or failure to keep land plans up to date with changes in tax laws or family circumstances, such as divorce, adoption or birth. Sometimes, disputes arise only because of poor communication, written and oral, between family members.
Perception of Inequality: Even where family members are included in inheritance, they may feel they have been undervalued by the intentions expressed by the deceased. Should you find yourself in this unfortunate predicament, contact Solicitors Huddersfield like https://bridgelawsolicitors.co.uk/services-for-individuals/family-law/holmfirth-huddersfield-family/
The wrongdoing during or after the life of the deceased:
Sometimes beneficiaries find after the death of their loved ones that their relatives were subjected to financial persecution during their lifetime. For example, a health care helper convinces an elderly patient to authorize him on a patient’s bank account and his abuse becomes clear when an asset inventory is taken after the patient’s death. Or an executor or trustee violates his obligations by mismanaging assets or charging excessive fees for services.
So, the question becomes, what can the disgruntled family members do if they feel the will is lacking or incorrect?
First, there is an option to go to court. However, to do so, the injured party must have a legal position as the heir of the deceased, as a creditor, or prosecutor for property on the estate. This will include anyone who is truly referred to as the recipient in the inheritance document as well as anyone who will have rights to the inheritance if the will is deemed invalid or non-existent. So, the person who died may have the intention to exclude a child from inheritance, but if this is not made absolutely clear in the inheritance document, the child’s case can be heard in the will.
Also needed to start a trial is evidence that the provisions of the estate plan – be it the intention of the recipient of a will or trust – are somehow incorrect. This evidence may be in the form of medical records documenting the mental inability of the deceased when making a will, or evidence that the deceased person is a victim of coercion or fraud in the management or disposal of his assets. Sometimes the necessary evidence comes in the form of a newly discovered will or trust that precedes the previous document.