Dealing with the aftermath of a loved one’s passing is never easy, and disputes over the distribution of their estate can further complicate an already challenging situation.

Estate disputes and litigation are not uncommon, but understanding the common issues that may arise and knowing how to resolve conflicts can help you navigate these challenges with greater ease.

Common estate disputes

Validity of the will

One of the most common sources of estate disputes is the validity of the deceased’s will. Family members may challenge the authenticity of the will, alleging that it was made under duress, coercion or undue influence.

Inheritance claims

Disputes may arise over who is entitled to inherit from the deceased’s estate, especially if there are multiple heirs or beneficiaries with competing claims. This can be particularly contentious in blended families or cases where there are estranged relatives.

Executorship disputes

Conflict may arise over the appointment or actions of the executor responsible for administering the estate. Beneficiaries may question the executor’s decisions or accuse them of misconduct or mismanagement.

Asset distribution

Disputes can also arise over the distribution of specific assets or properties, particularly if there are disagreements about how they should be divided among the beneficiaries.

Disputes among heirs

Family members may also disagree over various aspects of the estate administration process, such as the valuation of assets, the payment of debts and taxes, or the allocation of expenses.

How to resolve estate-related conflicts

Mediation

Mediation is a voluntary and confidential process in which a neutral third party helps disputing parties reach a mutually acceptable resolution. Mediation is usually a less adversarial and a less costly alternative to litigation and can help preserve family relationships.

Negotiation

Family members can attempt to resolve disputes through direct negotiation, either independently or with the assistance of legal counsel. Negotiation allows parties to discuss their concerns and interests openly and work together to find a compromise.

Arbitration

Arbitration involves submitting a dispute to a neutral arbitrator who hears both sides of the case and renders a binding decision. Arbitration can be faster and more flexible than traditional litigation, but parties must agree to abide by the arbitrator’s decision.

Litigation

In cases where disputes cannot be resolved through alternative means, parties may resort to litigation, which involves bringing the matter before a court for resolution. Litigation can be costly and time-consuming, but it may be necessary to protect one’s rights and interests.

Seeking legal advice

Estate disputes and litigation can be emotionally taxing and financially burdensome for all parties involved. Regardless of the chosen dispute resolution method, it’s essential for parties involved in estate disputes to seek legal advice from experienced estate litigation attorneys.

Contact us if you find yourself in a dispute over a deceased estate. We can provide guidance on the best way forward to help you resolve the dispute.