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 according to the testator’s intentions. 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 of the assets.
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 the need for 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 Will. Greedy executors may keep an unfair portion of the estate, often at the expense of the beneficiaries. Additionally, executors who fail to distribute estate funds can increase the tax burden on heirs. The primary purpose of a Will is to transfer property to heirs with tax benefits. Poorly executed estate plans can lead to complications in the probate process. Executors must act in good faith and provide necessary documents to beneficiaries, as they are personally liable for their duties.
Potential Risks of Contesting Probate
Delaying the contest of a Will increases the risk of losing the claim. It is advisable to contest before the probate is granted to avoid wrongful property allocation. Once contested during the probate grant, the property division occurs immediately. However, applying to stop the probate grant can result in court proceedings against the claimant.
Conclusion
Challenging the probate process can be costly and complicate the proceedings. 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 property distribution to entitled parties.
