There are many potential reasons for estate disputes, which can lead to litigation. Beneficiaries and family members may not agree on how an estate should be addressed or what was actually intended in the estate plan.
One example is if a specific beneficiary has been disinherited. This could be someone who was previously included in the will, or it may be a direct relative. Two siblings may be left an inheritance, for example, while the third sibling is left nothing.
Lack of identification
When someone wants to disinherit a beneficiary, it is often best for them to directly name that person in the estate plan. But people sometimes make the mistake of just leaving the individual out, thinking that giving them nothing in the will is enough to disinherit them. This lack of identification can lead to certain issues, such as if they claim the elderly person lacked the testamentary capacity to write the estate plan and simply forgot to include them, rather than intentionally disinheriting them.
Undue influence
Another potential issue could be if the beneficiary who is left out claims that there was undue influence by other beneficiaries. If their inheritance was taken away and given to a sibling, for example, they may claim that the sibling manipulated their parent.
What if there is a no-contest clause?
A no-contest clause may be used and can avoid some types of estate litigation, but not always. It usually just applies to an unsuccessful challenge. Someone could still contest the estate plan because the no-contest clause itself was included through undue influence, for example, and that clause may not be upheld if their challenge was successful.
All of this can create a rather complicated legal situation as the estate goes through probate, so it is very important for those involved to understand all of their legal options.
