People make estate plans to provide their loved ones with the instructions they need to handle the creator’s affairs when they pass away. Most estate plans are executed without any issues, but there are times when estate litigation becomes necessary.
There are a few reasons why estate litigation may occur. Understanding these may help individuals who are dealing with the estate plan of a loved one to know if they should dispute any parts of it.
Questioning the validity of the will
Beneficiaries may question the validity of the will. This can occur if there’s a reason to believe that the will wasn’t executed properly, was forged or was signed under duress. In some cases, undue influence over the contents of the will may be the factor that leads to a will dispute.
Disagreements among beneficiaries
Another common reason for estate litigation is disagreements among beneficiaries. These disputes can arise from perceived unfair distributions, misunderstandings about the decedent’s intentions or personal conflicts that predate the administration of the estate.
Challenges to executor actions
The actions of the executor or personal representative can also lead to litigation. Beneficiaries might accuse the executor of mismanaging the estate, acting in their own interest or failing to perform their duties in a timely and transparent manner.
Ambiguities in estate planning documents
Ambiguities or errors in estate planning documents can also trigger disputes. Vague language, conflicting provisions or overlooked assets can lead to confusion and conflict among beneficiaries.
It’s important to follow the estate plan creator’s wishes, but it’s vital that those are presented in a legally enforceable manner. Anyone who has a valid reason to challenge any part of an estate should learn about their options and work with someone who can help them in this complex undertaking.