A Will outlines the distribution of a testator’s assets and property among their heirs. Testamentary Wills are considered the definitive wishes of the deceased, making it crucial to ensure they are executed as intended. If a beneficiary is dissatisfied with their inheritance, they should contest the Will within six months to strengthen their claim. Generally, families are satisfied with their inheritance, but disputes arise when members believe they deserve a larger share.
Reasons to Challenge a Will During Probate
There are several valid reasons to contest a Will. Below are some scenarios where a Will can be challenged after a grant of probate:
1. Insufficient Testamentary Capacity
This occurs when the claimant believes the testator lacked the mental capacity to create a Will. Various mental health issues, such as psychosis or schizophrenia, can impair a person’s ability to make sound decisions. Conditions like dementia and Alzheimer’s disease can also affect cognitive functions. Under these circumstances, dissatisfied beneficiaries may contest the Will.
2. Undue Influence
Family conflicts often arise when heirs are unhappy with the distribution of assets. In some cases, a family member may exert undue influence or blackmail the testator to secure a more favorable inheritance. For instance, a relative might manipulate the Will-maker to draft the Will in their favor with malicious intent. This is illegal and can lead to an unfair division of assets during the probate process.
3. Improper Will Execution
Proper administration of a Will is essential for fair asset distribution. If a testator dies without a Will, intestacy laws require the court to allocate the property, which may not align with the testator’s wishes. This can prolong the probate process due to additional documentation. If a beneficiary believes the Will was not executed correctly, they can contest it on these grounds.
The Role of the Executor and Estate Management
Claims against an executor must be filed within six years from the date of the probate breach. This issue is common in Will disputes and arises when an executor mishandles the estate. Greedy executors may keep an unfair portion of the estate, depriving beneficiaries of their rightful inheritance. Executors may also fail to distribute estate funds, increasing the tax burden on heirs. A well-executed estate plan aims to minimize taxes for heirs. Executors must act in good faith and provide necessary documents to beneficiaries. Remember, an executor is personally liable for failing to fulfill their duties.
Risks of Contesting Probate
The longer a client waits to contest a Will, the higher the risk of losing their claim. It is advisable to contest before the probate is granted to avoid wrongful property allocation. Contesting during the probate grant period ensures immediate property division. However, attempting to halt the probate grant can result in court proceedings against the claimant.
Conclusion
Challenging the probate process can be costly and complicate matters further. Nonetheless, legal assistance should be sought if one believes they are entitled to specific assets. It is crucial for a decedent to appoint a trustworthy executor to manage the estate. Beneficiaries have the legal right to contest a Will based on the outlined grounds. The primary purpose of probate is to ensure rightful distribution of property to entitled parties.
