Will & Trust Disputes

Will & Trust Disputes

Understand the Causes and How to Resolve Them

Will and trust disputes can arise when disagreements occur regarding the distribution of assets after someone passes away. These disputes can involve family members, beneficiaries, or even executors and trustees. Whether you're facing a challenge to a will, questioning the validity of a trust, or dealing with a dispute over the interpretation of a document, it's important to understand the causes of these disputes and how they can be resolved effectively.

At SMITH | ASHCRAFT, we provide experienced legal guidance to individuals facing will and trust disputes. We work to resolve conflicts efficiently, minimizing the emotional and financial toll on families, and protecting your rights during this sensitive time.

Common Causes of Will and Trust Disputes

Contesting the Validity of a Will or Trust

• One of the most common causes of disputes is the question of whether a will or trust is valid. Family members or beneficiaries may contest the document if they believe it was created under duress, fraud, or undue influence, or if they think the person lacked the mental capacity to execute it.

Failure to Update Estate Planning Documents

• If a person’s circumstances change (such as through marriage, divorce, or the birth of children) and the will or trust is not updated accordingly, this can lead to disputes. A new spouse, estranged children, or new beneficiaries may feel left out or entitled to a portion of the estate, especially if prior documents did not reflect recent changes.

Disagreement Over Interpretation

• Sometimes, the language in a will or trust is vague or unclear, leading to disputes over the interpretation of the document’s terms. Family members may have different ideas about what the decedent intended, especially in complex cases involving multiple beneficiaries or assets.

Executor or Trustee Mismanagement

• Disputes can arise when an executor of a will or trustee of a trust is accused of mismanaging the estate or trust. This can include failing to act in the best interests of the beneficiaries, being negligent in fulfilling duties, or even engaging in fraudulent activities. In these cases, beneficiaries may seek to remove the executor or trustee.

Challenges by Disinherited Family Members

• Disinherited family members, especially children or spouses who feel they were unfairly excluded from the will or trust, may contest the estate plan. They may argue that the decedent was coerced, influenced by others, or lacking in mental capacity when they executed their estate documents.

Creditor Claims Against the Estate

• If a deceased person’s estate has outstanding debts, creditors may file claims against the estate or trust. Disputes may arise if beneficiaries feel that the creditors' claims are unjust or if the estate or trust is being used to settle debts in a way that harms the heirs.

Undue Influence or Fraud

• A significant cause of will and trust disputes is the claim of undue influence, where someone might have pressured or manipulated the decedent into making certain decisions. If a family member, caregiver, or advisor is suspected of exerting undue influence, beneficiaries may seek to invalidate the will or trust.

Imbalanced Distributions or Perceived Inequities

• Sometimes, beneficiaries believe that the distribution outlined in the will or trust is unfair or inequitable. This is common when one beneficiary receives more than others, or if a specific individual was given certain assets that others feel they are entitled to.

How to Resolve Will and Trust Disputes

Mediation and Alternative Dispute Resolution (ADR)

• Many will and trust disputes can be resolved through mediation or other forms of alternative dispute resolution (ADR). Mediation involves a neutral third party who helps the parties negotiate and reach a resolution. ADR is often quicker and less expensive than litigation and can help preserve family relationships.

Litigation

• If mediation or settlement attempts fail, it may be necessary to pursue legal action in probate court. Will and trust disputes can lead to lawsuits, which may involve contesting the validity of the will or trust, challenging the actions of the executor or trustee, or seeking a resolution of unclear terms.

Removing an Executor or Trustee

• If an executor or trustee is not fulfilling their duties, or is acting in bad faith, beneficiaries can petition the court to remove them. Courts can appoint a new executor or trustee to ensure the estate or trust is managed properly.

Proving Lack of Mental Capacity

• In cases where a will or trust is being contested due to claims of mental incapacity, the challenger must provide evidence that the decedent did not understand the nature of their estate or the consequences of their decisions at the time the will or trust was executed. This often involves testimony from doctors, caretakers, or others who knew the decedent.

Investigating Undue Influence or Fraud

• If a will or trust is contested on the grounds of fraud or undue influence, the challenger will need to provide evidence that someone took advantage of the decedent’s vulnerability to coerce or manipulate their decisions. This may involve gathering evidence from witnesses or reviewing medical records to demonstrate that the decedent was unable to make decisions independently.

Addressing Claims of Inheritance or Property Rights

• Disputes over property or inheritance rights can arise when family members believe they have been unfairly disinherited or that assets have been wrongly transferred. An estate planning attorney can help guide the dispute through court procedures or settlement negotiations.

Protecting Your Interests in Will and Trust Disputes

If you are involved in a will or trust dispute, it’s essential to seek professional legal representation to protect your rights and interests. A skilled attorney can help you navigate the legal complexities, assess the validity of the will or trust in question, and develop a strategy for resolving the dispute efficiently.

How SMITH | ASHCRAFT Can Help

At SMITH | ASHCRAFT, we specialize in handling will and trust disputes, providing both legal representation and guidance to ensure your rights are upheld. Whether you are contesting a will, challenging a trust, or addressing a trustee’s mismanagement, our experienced attorneys are here to help. We work to resolve disputes quickly, fairly, and with minimal conflict, so you can move forward with peace of mind.



If you're facing a will or trust dispute, contact us today for a consultation. We'll help you understand your options, protect your interests, and work toward a resolution that respects the wishes of your loved one and preserves family harmony.