Exploring Will Disputes, Case Studies
Case studies, like one involving an estate lawyer navigating the complexities of keeping a family business afloat while dealing with the emotional turmoil of beneficiaries contesting the entire estate, serve as invaluable educational tools.
These case studies provide real scenarios that illustrate how legal principles are applied in practice, even in situations that might end up before the Supreme Court. This offers a practical and engaging way for individuals to grasp complex legal concepts and see the implications of various legal strategies and decisions.
The Importance of Case Studies in Estate Law
In the legal field, case studies function as practical illustrations of complex legal principles. These scenarios showcase how laws and legal strategies are applied in specific situations, such as family business or estate disputes. Case studies also serve as core materials for legal education and professional development.
Case Study: Father or Mother’s Estate Dispute
Contesting a father or mother’s will or the deceased father/mother’s estate means challenging its validity or the provisions outlined within it, where an adult child (son or daughter) feels the inheritance of property or assets from the will is unfair. This situation arises among parents and their adult children, leading to significant challenges when parents are creating their wills.
This can be a complex and emotionally charged process. This often necessitates the guidance and support of an experienced estate lawyer, who can help navigate the legal proceedings to challenge the distribution outlined in the father/mother’s will and provide emotional support throughout the process.
Legal Grounds for Contesting Deceased’s Estate
There are several legal grounds on which a family member can contest a father/mother’s will. Here’s a breakdown of some common ones:
Lack of Mental Capacity/Clarity
This legal ground challenges whether your father/mother had the mental capacity to understand the significance of creating a will when it was drafted.
To win such a claim, you’d need evidence demonstrating she lacked the mental clarity to grasp the nature and value of her property, who the beneficiary was concerning her family and the act of creating a will itself.
This evidence could include medical records documenting any cognitive decline, witness testimony regarding her mental state at the time, or even statements your father/ mother made around the time the will was written.
Improper Execution
This legal ground argues that the contested will isn’t valid because it wasn’t created following the specific legal formalities required in your state. These formalities ensure the authenticity and intent behind the will. Improper execution could involve issues like:
- Not having the proper number of witnesses as mandated by state law.
- The witnesses failed to sign the will correctly, potentially invalidating their testimony.
- The absence of your mother or father’s signature on the will raises questions about its legitimacy.
Undue Influence
This legal ground claims that someone inappropriately pressured or coerced your father/mother into leaving them assets in her will that they wouldn’t have received under normal circumstances.
This “influencer” could be a child, caregiver, sibling, or even a close friend.
They might have exploited a close relationship or a period of vulnerability in your mother or father’s life to manipulate her wishes. Evidence for undue influence could include:
- A sudden change in the will that significantly favours the influencer, potentially leaving long-time family members with minimal or no inheritance, despite a prior moral duty or expectation of adequate provision.
- Isolation of your mother from other family members, particularly her children who might have been partly dependent on her, restricting their ability to advocate for their own best interests in the face of her death.
Case Study: Adult Children Challenging Probate
Probate is a legal process overseen by a court that oversees the administration of a deceased person’s estate. In simpler terms, it’s the official process of settling someone’s financial affairs after they die.
- Once all debts and claims are settled, probate empowers the executor (the person named in the will to handle the estate) to legally transfer ownership of the remaining assets to the beneficiaries.
- This includes property, financial accounts, and other valuables. Without probate, transferring ownership can be complex and time-consuming, especially for assets with legal titles.
Increased Inheritance
One reason for an adult child to contest probate is to potentially receive an increased inheritance. This could occur if they believe the will doesn’t reflect the deceased parent’s true wishes or if they were financially dependent on the deceased.
Validation of a Will
Probate provides a platform for validating a will. The court ensures the will is genuine, meaning it was created by a mentally sound person following the legal formalities required in your state. This verification helps prevent fraudulent wills and ensures the deceased’s true wishes are followed.
Need Advice for an Estate Claim? Contact NSW Wills & Estates Helpline
Are you facing challenges with a family estate claim and need expert guidance on mediation, settlement, and navigating complex claims? Contact NSW Wills & Estates Helpline today for personalised legal advice and support tailored to your situation.
Our experienced team is here to assist you in protecting your rights as a beneficiary and achieving fair and equitable resolutions through mediation and settlement processes.
