10 Common Types of Inheritance Disputes Explained

Undue Influence

In cases of inheritance disputes, undue influence often involves the manipulation of a testator by another party, leading to a will that does not reflect the true intentions of the deceased. This manipulation can occur through emotional pressure, threats, or even deceit, resulting in a document that primarily benefits the influencer rather than properly distributing the estate according to the wishes of the testator.

Recognising signs of undue influence can be challenging. Common indicators include sudden changes to a will shortly before death, isolation of the testator from family members, or a significant imbalance in benefits received by the influencer compared to others. Proving undue influence requires a careful examination of the dynamics between the testator and the influencing party, as well as the circumstances surrounding the will’s creation.

Recognising signs of undue influence in wills

Undue influence occurs when an individual uses their position to exert pressure on a testator, leading to decisions in their will that may not reflect the true intentions of the deceased. These scenarios often involve a caregiver or family member manipulating the testator's choices, particularly when the person is vulnerable or lacks the capacity to make independent decisions. Signs may include sudden changes to a will, attempts to isolate the testator from friends or other family members, and the presence of the influencer during critical discussions about the will.

It is also essential to note atypical signatures or alterations in the document that might indicate coercion. Witness testimonies can play a vital role in demonstrating the testator's state of mind during the time of will creation. Discrepancies between previous versions of the will and new documents may raise concerns of undue influence, particularly if significant assets are bequeathed in a manner inconsistent with prior intentions. Recognising these indicators can help in addressing potential disputes that arise from questionable testaments.

Family Provision Claims

Family provision claims arise when individuals believe they have not received adequate provision from a deceased estate. This legal mechanism enables eligible persons, typically close family members, to contest a will if they feel inadequately provided for. The court assesses the claimant's relationship with the deceased and their financial needs. It weighs these factors against the deceased's intentions as expressed in their will, alongside any other relevant circumstances.

In determining whether to grant a claim, the court examines various criteria including the size of the estate, the needs of the applicant, and the obligations the deceased had towards them. Furthermore, considerations extend beyond immediate family, allowing for claims by individuals in de facto relationships or those who were dependent on the deceased. The process aims to ensure that those who depended on the deceased are not left in financial hardship following their passing.

The legal framework for family provision

The legal framework surrounding family provision claims is primarily governed by legislation, which varies significantly between jurisdictions. Generally, the laws provide individuals who feel inadequately provided for in a deceased person's will the ability to challenge the estate. Claims can include requests for financial support or property distribution, ensuring that dependants or those with a legitimate expectation are not left without necessary resources.

Eligibility to make a claim typically extends to spouses, children, and sometimes other dependants who relied on the deceased for financial support. The criteria for these claims often involve the demonstration of need and the nature of the relationship between the claimant and the deceased. Courts take into account various factors, including the size of the estate, the deceased's intentions, and the claimant's financial circumstances. These considerations aim to balance the deceased's wishes with the needs of those left behind.

Joint Assets Disputes

Disputes over jointly owned assets often arise upon the death of one party. These disagreements can be particularly complex due to the emotional ties involved and the lack of clear communication between the surviving co-owner and the deceased's heirs. The ownership structure of joint assets, such as property and bank accounts, plays a crucial role in determining how these assets are managed or transferred. If the joint tenancy form is in place, the survivor may automatically inherit the deceased's share. In contrast, if the parties held the asset as tenants in common, the deceased’s share may pass according to their will or the rules of intestacy.

Additionally, disagreements may stem from differing interpretations of ownership rights among family members. Some may argue that the deceased intended for the asset to be passed to specific individuals rather than automatically transferring it to the co-owner. This situation can lead to lengthy disputes, especially when multiple claimants assert their rights. Clarifying the intentions of the deceased and ensuring proper documentation can help mitigate conflicts surrounding joint assets. Legal advice is often necessary to navigate these intricate issues effectively.

Issues surrounding jointly owned property

Jointly owned property often leads to disputes, particularly when ownership rights and intentions are not clearly documented. When one party wishes to sell or transfer their share, disagreements can arise about the value of the property, the distribution of proceeds, or who is responsible for maintaining the asset. If one owner feels sidelined or believes they were misled about the arrangements, tensions can escalate.

Issues can also emerge if one party passes away, leaving the remaining owner navigating the complexities of inheritance laws and the dynamics of shared ownership. The surviving owner may find themselves at odds with the deceased’s heirs regarding the distribution of property. This situation can become even more intricate if there are mixed intentions, unclear verbal agreements, or the absence of a well-drafted will. The emotional stress of such scenarios can lead to prolonged legal battles, further complicating the original purpose of the jointly owned asset.

FAQS

What is undue influence in the context of inheritance disputes?

Undue influence occurs when a testator is pressured or manipulated by another person to change their will or make decisions regarding their estate, compromising their free will.

How can I recognise signs of undue influence in a will?

Signs of undue influence may include sudden changes to a will, the isolation of the testator from family and friends, or instances where one individual appears to benefit disproportionately from the estate.

What are family provision claims?

Family provision claims are legal actions taken by eligible persons who believe they have not received adequate provision from a deceased's estate, despite their relationship to the deceased.

Who is eligible to make a family provision claim?

Individuals such as spouses, civil partners, children, and in some cases, dependants of the deceased may be eligible to make a family provision claim, depending on the jurisdiction.

What issues can arise from joint assets disputes?

Joint assets disputes can involve disagreements over the ownership percentages of properties, the distribution of responsibilities related to the asset, or disputes about what happens to the asset after one owner passes away.