A Last Will and Testament outlines how a person’s assets will be distributed among their beneficiaries after they pass away. It is considered the final wishes of the deceased, and ensuring that these wishes are carried out is crucial. If a beneficiary is unhappy with their share of the inheritance, they have the option to contest the Will within six months to increase their chances of a successful claim. While most families are satisfied with their inheritance, disputes often arise when certain family members believe they are entitled to more than what was allocated to them.
Reasons for Challenging a Will During Probate
There are various grounds on which a Will can be contested during the probate process. Below are some common reasons why beneficiaries may choose to challenge a Will:
1. Lack of Mental Capacity
If a beneficiary believes that the testator was not of sound mind when creating the Will, they may contest it. Mental illnesses such as psychosis, schizophrenia, dementia, or Alzheimer’s can impair a person’s ability to make rational decisions, leading to a Will that may not accurately reflect their wishes. In such cases, dissatisfied beneficiaries have the right to challenge the Will.
2. Coercion
Family conflicts can sometimes result in beneficiaries pressuring the testator to make changes to the Will in their favor. Coercion or blackmail to influence the distribution of assets is illegal and can lead to an unfair division of the estate. If a beneficiary suspects foul play in the creation of the Will, they can contest it during probate.
3. Improper Execution of the Will
The proper administration of a Will is essential for ensuring that assets are distributed fairly. When a testator dies without a valid Will, intestacy laws come into play, and the court takes on the responsibility of dividing the estate. This process can be lengthy and may not reflect the testator’s true intentions. If a beneficiary believes they are entitled to more than what was allocated to them, they can contest the Will based on the grounds of improper execution.
Executor Responsibilities and Estate Management
Claims related to the mismanagement of an estate must be filed within six years of the probate breach. Improper execution of a Will by the executor can lead to disputes and delays in the distribution of assets. Executors who mishandle estate funds or fail to pay beneficiaries their rightful share can face legal consequences. It is crucial for executors to fulfill their duties in good faith to avoid complications in the probate process.
Potential Risks of Contesting Probate
Challenging a Will during probate can be a costly and complex process that may result in further complications. It is advisable to seek legal advice if you believe you are entitled to a larger share of the estate. Contesting a Will after the probate has been granted can lead to immediate division of assets, but it also carries the risk of facing legal action. It is important to weigh the potential risks before deciding to contest a Will.
Conclusion
While contesting a Will can be challenging, it is important to ensure that the distribution of assets is fair and in accordance with the testator’s wishes. Executors play a crucial role in managing the estate and must act in the best interests of the beneficiaries. Understanding the grounds for contesting a Will and the potential risks involved can help beneficiaries make informed decisions during the probate process.
