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Common Causes of Wills and Estate Planning Disputes

There are instances when it is necessary that a doctor or a psychology expert should evaluate the mental capacity of a testator (a person making a will or a trust) before he/she begins to write down who the beneficiaries of his/her assets will be. A doctor’s or a psychologist’s expert diagnosis regarding a testator’s mental condition could be enough to rebut any claim that a person was mentally unable to fully   know and understand the importance of his/her decisions as he/she wrote his/her will.

The testator’s mental capacity is the most common ground in will, trust and estate litigations. These litigations usually arise when a child or a spouse feels that he/she has not been fairly treated by the testator. Though fair treatment is a very subjective issue, it is enough for anyone to challenge the validity or contents of a will (through a Will contest) and estate planning documents. It is not necessary that a family member should have been disinherited for him/her to challenge a Will; the mere fact that he/she feels that what was left for him/her was not  the amount of wealth or size of property that he/she actually deserved, then a Will contest may be filed.

Estate and trust disputes are always sensitive matters as these involve family members battling one another after divorce or the death of one spouse. Not being able to settle things amicably may be the result of the more complex types of relationships among family members, so that divorce or a parent’s death can even cast the surviving parent against his/her child (and vice versa) or cause sibling rivalries, when it comes to financial matters; a clear proof that family and money do not always spell happiness and love.

As disputes, regarding a Will’s authenticity, can become really complicated, especially if several dissatisfied heirs become involved, it will be necessary to be represented by a knowledgeable and competent lawyer who is very familiar with Wills and estate planning laws, as well as the laws of the state under which these issues are to be disputed.

2 Responses to “Common Causes of Wills and Estate Planning Disputes”

  1. Pohl & Berk says:

    Criminal defense is serious business and I am grateful that someone is writing about it.

  2. I shared this with my friends.

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