Loud legal conflicts related to inheritance are not uncommon, but they seldom reflect well on the family’s reputation. That does not mean inheritors should not seek legal counsel if they feel they must. On the contrary, inheritance related arguments are actually resolved outside the court in most cases.
Conflict resolution outside the court still remains a viable option even if one or more parties have already taken legal steps in line with their discontent. As we discuss some of the main reasons that lead to will contests and trust litigations in the first place, it should provide us with a better picture.
Incapacitated Testator
The testator is the deceased, original owner of the assets being inherited. They are also the official writer of his/her will. As is to be expected, the will, as a document, is the single most powerful deciding factor in all matters related to his/her asset distribution. However, none of that would be applicable if the testator was mentally debilitated at the time their will was created.
In order for a will to lose its inherent power in such matters, there should be no doubt regarding the testator’s mental incompetence at the time of the will’s creation. It’s up to the litigating party to prove that the testator was indeed incapacitated beyond all doubt and their will is null and void as a result.
In most cases, successful claims of testator incompetence are made based on prior medical records which act as proof against the testator’s mental capacity. Neurodegenerative diseases like Alzheimer’s, vascular dementia, and severe cerebral strokes make for the strongest case against a testator’s mental competence.
Coerced Testator
Under enough force, even the fittest and the most sound minded testator can be made to write a will in accordance with someone else’s wishes. The force used to coerce a testator can be any one or several of the following.
- Physical intimidation
- Psychological intimidation
- Blackmail
- Mental manipulation
- Emotional manipulation
The coercion may come from any one or multiple family members, friends, care providers, and sometimes, even trustees. If you are facing coercion yourself, or in case you suspect any will to be the result of coercion, visit www.hinojosaforer.com for immediate legal counsel in all matters related to trusts, estates, wills, inheritance laws, conservatorship and more.
Failure to Meet Legal Requirements
Technically, it’s the testator who writes the will, but they must never do so without an estate litigation attorney’s firsthand guidance. A will and testament must meet the minimum legal requirements. It varies depending on several factors such as the concerned state jurisdiction, the estate type, the will structure, etc.
At the very least, wills need testator signatures, witness signatures, authority presence, and legal drafting to become a legally enforceable document of inheritance/asset distribution. An adequately qualified and experienced estate attorney must be consulted by the testator to ensure their will is legally valid. Failure to do so can make it very easy for people to challenge a will’s validity in probate court later.
Two other reasons that are not as common, but still get reported every year as reasons for active inheritance disputes, are breach of fiduciary conduct and forgery. When the two are linked though, it can be very difficult to prove a forgery beyond doubt in some cases.
