Whensomeone dies, they often leave behind assets to family members or friends.However, disagreements can occur when people aren’t happy with the outcome. Thelarger the estate, the more animosity there can be between the parties. Thismeans a dispute is more likely to drag out and prove to be costly to the estateand the beneficiaries. In the event of an estate dispute, a lawyer is oftenasked to help with the case. Read on to find out about three different types ofestate disputes that a lawyer can assist with.
In most cases, the last will of the deceased is the document that is seen as valid and binding. However, the most recent will may be seen as invalid in particular circumstances, causing estate disputes. These circumstances include where the deceased lacked the capacity to make the will as a result of an illness of the mind, or if the will was brought into existence as the result of fraud. Invalid wills may also occur when the will was made as the result of undue influence or compulsion brought to bear on the deceased when the will was made. If you’re a beneficiary or an executor under a prior will of the deceased, you may seek to have a prior will validated. If successful, then the last will have no effect.
Inthe case of estate disputes, you may have a claim if you have been leftout of a will altogether or not adequately provided for. There are certainpeople who are eligible to bring a claim for family provision, such as the wifeor husband of the deceased person at the time of the deceased person’s death. Thiscan also include a person with whom the deceased person was living in a defacto relationship with at the time of the deceased person’s death, a child ofthe deceased person, or a former wife or husband of the deceased person. Acourt must consider a number of factors before making a family provision orderin estate disputes. It’s important for them to consider the relationshipbetween the deceased person and the claimant, but it’s important to note thatbeing estranged from the deceased person does not necessarily mean a successfulclaim.
Power of Attorney
may have to assist with power of attorney issues during an estate dispute. Most
power of attorney disputes happen when the attorney hasn’t spent the
principals’ funds in accordance with the law. They might also not have the
proper records to show good faith and proper spending. These disputes often
occur after a person has died, as family members expect to see a certain amount
of money in the estate. In most of these types of disputes, there’s not much
money left, as the attorney has spent most of the money on themselves. The
attorney’s accounts can be inspected and subjected to a cross examination of
the document spending, causing estate disputes amongst family members.