One of the things that destroys the relationships among family members is disputes. Whenever it comes to asset sharing after the passing of a loved one, most families end up having disputes, mainly if they do not concur with the will that the lawyer reads to them. Therefore, you need to understand the common causes of disputes and how you can avoid these disputes to ensure that family members live together in peace.
Common Causes of Will Disputes
The following are the significant causes of will disputes among family members ;
- Undue influence
Testators should always get the help of a will lawyer so that they can draft their will. The testator must be in sound mind and should decide who the beneficiary or beneficiaries are when drafting the will. This way, there will be no disputes. However, In any case, if a beneficiary or beneficiaries force or manipulate the testator to later their will to their benefit, disputes will always arise.
- The testator lacked testamentary capacity
When someone is writing their will, they should always have the mental capacity to allow them to understand the implications of their decisions in the will. However, if the beneficiaries or beneficiaries doubt that the testator is not in a sound mental state, there will be disputes. This includes situations when the person writing the will has conditions like mental issues and dementia.
- Improper will execution
A will can only be valid when legal procedures are followed. In case any legal issues are not adhered to, there will be disputes among the family members over the authenticity of the will.
Use of ambiguous terms in the will
When writing a will, simple and understandable language should be used. This is to make everyone understand the will. Therefore, in case there is the use of vague and contradicting language, people will have different interpretations of the will, which will result in disputes among the beneficiaries.
- Multiple and outdated wills
Another common cause of will disputes is having more than one will or even having an outdated will. This confuses, and disputes will arise since the beneficiaries will need clarification on whether the will is valid.
Ways to Avoid Will Disputes
To avoid will disputes, the following things can be done;
- Have proof of your testamentary capacity
One of the things that you can do to ensure that there will never be disputes, even after your passing away, is to ensure that you have proof of your mental capacity when you are drafting your will. You can get a document from a healthcare provider to provide evidence that you were of sound mind when writing the will.
- Document the will drafting process
Any discussions that you make with your lawyers during your will drafting process should be recorded. This will support your decisions whenever your lovers have a dispute over the intentions you had.
- Avoid undue influence
When you are consulting with tour lawyers, make sure that you do not involve your beneficiaries. This is because they may try to corrupt your mind to make decisions that will favour them. By doing so, you may find yourself altering your will, which may result in disputes. Therefore, maintain privacy anytime you have discussions with your will lawyers and do not disclose your decisions to your beneficiaries.
- Use clear language
When people use ambiguous language when drafting their wills, their beneficiaries have different understandings about the will. This causes disputes. This can be avoided by ensuring that you use simple and clear language that everyone will understand and interpret correctly.
Navigate will disputes with ease when you have a competent lawyer by your side.
