The problems of Contests over Wills are always related to emotions and more often some injustice is committed during a family loss.
These legal cases may be between beneficiaries, but they mainly involve an individual beneficiary against the executor concerning the actual division of property as provided for in a will by an individual.
Managing issues that relate to will involves understanding of various law procedures and the right procedures that need be followed in order to get a favorable judgment.
Here are some top legal strategies for resolving will disputes:
1. Mediation and Alternative Dispute Resolution (ADR)
Among the recognized techniques for handling will disputes that are relatively efficient in the participation of few lawyers and undue time are mediation.
In mediation, the disputing parties has their dispute settled by a neutral third party referred to as a mediator who helps the parties to arrive at the agreement.
Usually, this procedure is less confrontational, consumes a lesser amount of time, and is not as costly as when a trial is conducted.
Therefore, by the suggested mediation, there will be constructive conflict solving, friendly relations within the family and last but not the least will be communication.
2. Engaging a Specialist Solicitor
The method of challenging a will The requirements of making a will are well explained and where one is faced with a dispute concerning a will, one has to seek the service of a solicitor in estate and probate law.
An experienced solicitor can furnish professional info on opposition’s legal grounds, an applicant’s odds, as well as strategies that can be adopted.
They can also speak for you in negotiations or in a court so that your legal matters are presented in the best way possible.
3. Understanding Legal Grounds for Contesting a Will
When it comes to fixing the case of will dispute there are certain things which one should know as to on what legal grounds a will can be challenged. Common grounds include:
- Lack of Testamentary Capacity: Providing the legal reasons like at the time when the will was being prepared for drafting, the preparer lacked the mental capacity to make the will.
- Undue Influence: Saying that the deceased was coerced or was induced to make or modify the will.
- Fraud or Forgery: For any assertion that the will was made falsely and therefore does not represent the true intentions of the decedent; or for having been forged and/or altered fraudulently in some way.
- Failure to Meet Legal Requirements: As it was pointed out, the will does not satisfy certain legal preconditions; therefore, it has no proper witnesses.
The familiarity with these grounds could help to determine the opportunity of a person in case he wins the trial and to choose the correct strategies of the further behavior.
4. Gathering Evidence
On this note it is for this reason that the quality of evidence that is presented can make or break in the resolution of a will dispute.
This can be in form or records from the hospital, records from the police or other organs, and receipts among others.
It is crucial that you gather all the supporting evidence for the things you want to prove.
For instance, when you are arguing on the basis of lack of testamentary capacity, the records of the person’s physical and mental condition and the words of professionals who had a chance to treat the deceased can be irreplaceable.
5. Negotiation and Settlement
One of the most effective tactics entailing the resolution of will disputes is negotiation.
Negotiations can be conducted either personally or through the solicitors and this will ensure that all the parties agree to the settlement.
It can be noted that the settlement can be reached at any point of the conflict, and this is often less expensive than a trial.
In most of the occurrences, compromise can therefore be preferred more than a decision made by a court.
6. Court Litigation
In the event that all other ways of dealing with a will dispute do not work, going to court may be the best solution.
Litigation should be used as the last resort that is why it is opposite to cooperation which may be based on legal norms: this activity is very expensive and the conflict may be drawn out indefinitely.
But on the other, where there is no voluntary agreement and the social justice has been infringed then the courts come in handy.
A specialist solicitor in your case can help to avoid consequences associated with litigation, advocate for your case, and help to present your case properly.
7. Considering the Impact on Family Relationships
Family relationships are another factor that people should bear in mind all the time while dealing with a will dispute.
The family relationships could be severely harmed due to legal proceedings and so it is more beneficial to try and find compromise resolution as often as possible.
Among the conflict resolving strategies, mediation and negotiation have been found to be most appropriate in this case, since they foster cooperation.
Conclusion
It is therefore important to approach a will dispute thoroughly based on the legal procedures while at the same time taking into consideration the complicated relationships within a family.
When using mediation, employing specialist solicitors, appreciating the lawful reasons to dispute a will, assembling strong proofs, and thinking about the family dynamics, a fair and satisfactory outcome could be achieved.
Nevertheless, when necessary litigation does not run out of possibilities but should be used with proper discretion.
Finally, it is this aim of seeing that the testamentary intentions of a deceased person are complied with, and the equitable and proper division of all the assets take place.
Comments