Three Common Probate Disputes

The death of someone you love is a day that no one hopes will ever arrive, but now that it is here there is the matter of the will to sort out.

At this difficult time, you would hope that all those involved will act in the best interests of the deceased and see that the will is executed properly. However, this is not always the case. When the entire accumulation of a person’s money and assets are now on the table, people can get greedy or act unprofessionally.

As you begin to deal with this difficult time in your life, this guide will prepare you with the knowledge you need about three common probate disputes that could occur.

But first: What is probate?

  • Put succinctly, probate is simply the legal procedure of ensuring that a will is properly executed. This involves taking the will into a court to be looked over by professionals to clear up any issues or ambiguities present.

 

  1. Interested parties tampering with the estate

One of the main reasons that can cause a probate dispute is interested parties, such as family members and friends, can tamper with the estate unlawfully. Often, this is due to these people in question not fully understanding that the estate and every asset within it can only be given out by the appointed executors of the will but sometimes, as horrible as it may be, these people will intentionally seek to take all they can get.

You can find out more information about how to seek legal justice should this happen by visiting the-inheritance-experts.co.uk to help you gain expert legal advice.

  1. The executors of the will act inappropriately

The second reason that might cause there to be a probate dispute is that the appointed executor of the will is acting without regard for the responsibilities of being the executor of the will.

This can happen as often the executors of a will can also be the beneficiaries. In this case, there is a conflict of interest and a personal gain to be made by executing the will incorrectly. The common way to deal with a dispute such as this is to take a petition to court to have them step down as an executor, or in extreme cases, the executor can be removed by the courts.

  1. The will does not make reasonable financial provision

With this final common dispute, you need to understand what is meant by financial provision when it comes to a will and inheritance.

If a will does not adequately divide funds to up fairly in order to support, then a dispute can occur in which you can file for the will to be adjusted in order to support yourself, if you are the dependent, or in many cases, support children, for example.

The last thing you need to understand about disputes in probate is that they can be very emotionally taxing, so always ensure you are getting enough support.

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