What Happens If Someone Disagrees In A Will?
When someone dies and leaves behind a Will, the Executors mentioned in the Will are given the responsibility of distributing the assets of the deceased to the beneficiaries named in that Will. This can be a big job—especially in case of a will dispute or disagreement that takes place between the Executors and it becomes necessary to go through court proceedings to resolve those disputes.
If you are an Executor named in a Will, you have a fiduciary obligation to act in accordance with the instructions of the person deceased. When disputes arise, it is unfortunately common for Executors to take actions that are not in accordance with their obligations as fiduciaries. For example, the Executor may refuse to distribute funds or assets until a dispute is resolved, or may be overly aggressive in claim collection against the Estate and/or even its beneficiaries.
The key role of the executor here is to carry out the wishes of the deceased person who created his or her will. As such, when co-executors disagree in a will or any disagreement arises between an executor and beneficiaries mentioned in a will, it can negatively impact the administration of an estate from slowing down the process of distribution of assets to beneficiaries named in a will to bumping up legal costs and time-consuming court proceedings needed to settle the disputes between co-executors or between executor and beneficiaries named in a will.
If someone disagrees with a will, they can contest it. The person contesting the will must be able to prove that it was made under duress, or that the deceased did not understand what he or she was doing when making their wishes known.
The executors and beneficiaries of a will can be put in a very tough spot if someone disagrees with the contents of a will. Disputes can arise over many issues, including whether or not the will was properly written, whether or not it was signed by the testator (the person who wrote it), and whether or not it was witnessed as required by law.
Proceeding with a dispute without expert advice from Will Dispute Lawyers Gosford can make matters worse for everyone involved. It is always better to seek legal counsel before proceeding with any kind of dispute involving wills because doing so could lead to unnecessary stress on all parties involved.
It is always best to seek expert advice from Will Dispute Lawyers Gosford while proceeding with will disputes.