Probate is the legal process of settling a person’s estate after they pass away. While many estates go through probate without issue, disputes can arise.
These disagreements can delay the process and create tension among family members. Here are some of the most common causes of probate disputes.
Unclear or outdated wills
One major source of conflict is a will that is vague, poorly written or out of date. If the will does not clearly explain how assets should be distributed, family members may interpret its meaning differently. Disputes can also arise if the will has not been updated to reflect major life changes, such as a divorce or the birth of a child.
Concerns about undue influence or capacity
Another common issue is whether the person who made the will had the mental capacity to do so. If someone believes the deceased was not of sound mind or was pressured by another person, they may contest the will. Claims of undue influence often involve close relationships, such as caregivers or relatives who may have had control over the person’s decisions.
Disputes over asset distribution
Even when a will is clear, disagreements can still occur. Some beneficiaries may feel that the distribution is unfair or that they were promised something not included in the will. Others may question the value of certain assets or whether all items were properly included in the estate.
Family dynamics
Family tensions can also play a major role in probate disputes. When emotions run high, even minor disagreements can escalate quickly. Estranged relatives, blended families or sibling rivalries may all contribute to conflict during the probate process.
Probate disputes can arise even with a clear will, and resolving them often requires legal guidance.