Over the next two decades, a tremendous shift in wealth is expected throughout Canada. This massive wealth shift is already beginning to appear, with an estimated one trillion dollars expected to change hands. An estate lawyer is at the forefront of this change, observing the unavoidable aftermath of this transformation – the difficult and emotionally charged inheritance disputes.
Inheritance disputes occur when family members or beneficiaries argue about the transfer of the deceased’s assets. When the stakes rise, the amount of money at risk increases, and these arguments can get ugly. Settling such conflicts becomes essential so people can live in harmony and the wishes of the deceased are fulfilled.
Let’s explore the causes of such disputes and ways to handle them. We will also answer some FAQs that you may have to clear up any misconceptions or doubts regarding your rights.
Common Causes of Inheritance Dispute
So, why do these family disputes occur? Sometimes, it all comes down to the lack of planning and strained relationships between family members. Here are some possible reasons.
Lack of Estate Planning Documents
The lack or insufficiency of estate planning paperwork can result in inheritance disputes. When a loved one dies without a will or an estate plan, the asset distribution can become unpredictable and susceptible to interpretation.
This lack of clarity sometimes leads to arguments among family members as they try to figure out the deceased’s intentions about the division of assets. In the absence of these instructions, disagreements about who should inherit what might occur, resulting in court fights and damaged relationships.
Will Disputes
Even when a will is present, disagreements might occur when beneficiaries or family members question its legality or the deceased person’s testamentary ability.
Will disputes can arise from charges, such as undue influence, fraud, mental incapacity, or faulty execution. Such conflicts may be emotionally charged and complex, as they include questions about the deceased’s wishes and mental condition. It’s one of the most common causes, so we’ll take a closer look at this in the next section.
Fairness and Equal Distribution
Another typical reason for inheritance disputes is perceived inequity among beneficiaries. Tensions can arise when family members think the distribution of assets is unjust or unequal.
Whether deliberate or unintentional, inequality can result in deep resentments and shattered family connections. Disagreements about the valuation of certain assets can all lead to disputes. Addressing perceived inequity sometimes necessitates thoughtful discussion or mediation from an estate lawyer.
Family Dynamics
When emotions run high throughout the probate process, underlying family tensions, long-standing grievances, or dysfunctional relationships might erupt.
Communication and trust issues can lead to sibling rivalry or estranged connections. These underlying conflicts may arise when dealing with asset distribution, resulting in arguments that go beyond monetary reasons. A careful mix of legal skill and emotional sensitivity is required to resolve these disputes.
Reasons for Contesting a Will
Beneficiaries and family members can object to a will for various reasons, including a lack of testamentary ability or undue influence. Lack of testamentary ability refers to a situation in which the deceased may not be able to comprehend their assets and beneficiaries owing to mental impairment such as dementia. For example, if an older person with dementia writes a will that contradicts their long-held views and connections, issues about their decision-making competence may emerge.
Undue influence arises when someone coerces or manipulates the testator to modify their will against their intentions. A typical example would be a caretaker isolating and forcing an elderly person into leaving a significant percentage of their fortune to the caregiver.
In some cases, a will is also contested when there is a risk of fraud. It refers to deliberate deceit or misrepresentation, such as forging or modifying an existing will. If proof is present, the will can be challenged.
Ways to Handle Inheritance Disputes
Handling inheritance disputes requires patience, legal knowledge and hiring an estate lawyer. Here are some strategies that can help.
Estate Planning
If you want to prevent inheritance disputes, estate planning can be a proactive measure to ensure harmony. It may assist in reducing ambiguity and potential disputes among beneficiaries by recording and explaining your wishes about asset distribution.
Working with an estate lawyer may guarantee that your desires are legally solid, resolving any concerns and lowering the probability of future challenges.
Using a Mediator
Sometimes it’s easier to have a constructive dialogue and sort things out. When disagreements emerge, hiring a neutral mediator can provide an opportunity for productive communication.
A mediator can enable healthy discussions among family members, allowing them to openly voice their concerns and interests. They can help establish a resolution that maintains relationships and reduces the need for lengthy litigation by promoting polite conversation and aiding in the discovery of mutually acceptable alternatives.
Liquidating Assets
In certain circumstances, disagreements may center on specific assets. If reaching an agreement becomes difficult, the option of liquidating assets and sharing the money among the beneficiaries may be considered. This method provides a fair and equitable partition of the estate and avoids the possibility of ongoing asset ownership problems.
Choosing an Independent Estate Lawyer
Rather than depending on a family member to handle legal problems, it is best to hire an independent estate lawyer to maintain neutrality and eliminate any conflicts of interest.
An unbiased will lawyer can offer objective counsel and argue for the fair implementation of the testator’s intentions. Their knowledge and experience can assist in ensuring that the legal procedure is done honestly and in line with existing rules.
Getting Professional Guidance
When faced with inheritance issues, it is necessary to seek the assistance of an estate lawyer. They have specialized experience in probate and estate law, allowing them to give legal advice targeted to your specific circumstances. An estate lawyer may also assist you in assessing the case, exploring legal options, and guiding you through the settlement process, whether via negotiation, mediation or, if necessary, litigation.
FAQs About Resolving Inheritance Disputes
Have more information about inheritance disputes? You can refer to the FAQs answered by our lawyers below or book a consultation for legal guidance.
Q: How long does it take to settle an inheritance dispute?
This varies greatly depending on the complexity of the case, the willingness of parties to collaborate, and the mode of resolution selected. Some disagreements can be settled quickly through mediation or discussion, while others may need litigation and might take months or even years to resolve.
Q: What does a mediator do when settling inheritance disputes?
A mediator provides a neutral ground for open conversation and bargaining and can play an important role in settling inheritance disputes. They can help the parties explore their interests, express their concerns, and work toward mutually acceptable solutions.
Q: What are the advantages of employing an estate lawyer to resolve an inheritance dispute?
Hiring an experienced estate lawyer who specializes in estate law, probate procedures, and inheritance rights, may help you manage complicated legal processes, fight for your interests, and safeguard your rights throughout the dispute resolution process.
Q: Is it possible to settle an inheritance issue without going to court?
Yes, they can be settled through mediation and negotiation. These alternative conflict resolution procedures might provide a less hostile and more efficient route to obtaining a settlement. A court case is only needed when parties cannot reach a mutually acceptable conclusion.
Q: What happens when there is no will or estate plan in place?
In the absence of a will or estate plan, assets are distributed by the rules applicable in the country. It might lead to disagreements among family members over who is the appropriate beneficiary and how assets should be divided. In such instances, you must get legal counsel from an estate lawyer to understand your rights and manage the probate procedure.
Hire Professional Wills and Estates Lawyers in Ontario
Don’t allow an inheritance dispute to break your family apart or restrict wealth distribution. Our team of experienced estate lawyers at Nanda & Associate Lawyers is ready to offer you the legal advice you require.
We can help you manage the complexity of your case and reach a fair conclusion because we have a thorough grasp of estate law and vast expertise in dispute resolution. Whether you’re dealing with challenges or the validity of a will, arguments over asset distribution, or differences over how the deceased’s intentions should be interpreted, our will lawyer is here to help.
Contact us right now to set up a consultation and let our professional estate lawyer in Ontario guide you through this sensitive procedure.
Disclaimer: Please note that this blog is intended for educational purposes only and should not be used as a substitute for legal advice.
