In basic terms, probate refers to the process of passing on inheritance after someone has passed away. With the right Will and executor this can often be handled amicably as people receive the inheritance as stipulated in the Will.
Unfortunately sometimes this may not always be the case. It could be that someone did not leave a Will or that there may be some dispute as to whether or not the person leaving the Will was of sound mind at the time. This is why it is important to know how to look at these potential issues and how to resolve them.
One example is where an inheritor can argue that they were not adequately provided for in the Will. This is especially the case if there is no Will as it means that a verdict will have to take into account the people involved, their needs as well as the size of the estate and whether it can provide the necessary provisions for the claimants and their dependents.
Another potential problem is whether or not a Will is valid. For example, it can be declared invalid if it was not properly signed or witnessed. There may also be problems if there is any evidence of coercion.
In some cases it has been known that the wrong beneficiaries have received inheritance down to clerical errors. All of these factors can potentially result in disputed Wills.
One of the easiest ways to avoid probate disputes is to make the right preparations when making a Will. Always make sure you have an executor you can trust and be sure to update it on a regular basis (for example, this is particularly important if you can remarry because you will have more beneficiaries that would need looking after and this could result in disputes later on if not properly addressed).
This can be a very emotive and difficult process. However, it is often possible to resolve a dispute before it goes to court. Mediation can help people look at the Will and find ways to settle any problems before going to the courts.
Unfortunately in some cases this may be unavoidable. In this instance, it is vital to go to a legal representative that specialises in this area to give you the best possible chance of a positive verdict.
The motto of Larcomes has always been “Big enough to specialise, small enough to care” This is because in order to represent someone properly you need to have the resources in order to make a strong enough case as well as the specialist experience in order to effectively argue their case.
However, it is also vital to be aware that these cases are not easy and can be emotionally taxing. This is why having sympathetic and reasonable legal professionals can help in terms of finding the best resolution for all concerned. Contact us today and we will be happy to discuss these issues in more detail and do what we can to resolve your probate dispute.