When it comes to estate planning, even the most meticulously crafted plans can lead to disputes among beneficiaries. Understanding the causes of these disputes may be crucial. Here are four causes of will and trust disputes.
1. Ambiguity in Estate Planning
Ambiguity in estate planning documents is one of the leading causes of disputes among beneficiaries. When the language used in a will or trust is unclear or open to interpretation, it can lead to confusion and disagreements. Vague or contradictory clauses can lead beneficiaries to interpret the document in ways that favor their interests, potentially causing friction with other heirs. For example, if a will states that assets should be divided “fairly” without specifying what “fairly” means, it can lead to endless debates.
2. Family Dynamics
Family dynamics play a significant role in will and trust disputes. Complex relationships, long-standing rivalries, or unresolved tensions can erupt when it comes time to distribute an estate. Understanding these dynamics is essential for anticipating potential conflicts and addressing them proactively. Conflicts often arise when family members feel that the distribution of assets is unfair. Even in families with strong bonds, the death of a loved one can bring underlying tensions to the surface. Open communication with your family members about your estate plan can help manage expectations and reduce misunderstandings.
3. Undue Influence
Undue influence occurs when someone exerts excessive pressure on a person to alter their will or trust in a way that benefits the influencer. This is a common cause of disputes, as it can lead to accusations of manipulation and coercion. Some people may engage a trust lawyer in helping safeguard their estate plan against undue influence. If you suspect that undue influence has played a role in the creation or modification of a will or trust, it’s essential to gather evidence. The burden of proof in undue influence cases often lies with the person challenging the document, making it crucial to act swiftly.
4. Changes in Circumstances After the Will Is Created
Life is dynamic, and significant changes in circumstances after a will or trust is created can lead to disputes. Events such as marriages, divorces, births, or deaths can dramatically alter your estate planning. Failing to update your documents to reflect these changes can cause confusion and conflict among beneficiaries.Working with an estate planning professional can help ensure that your documents are current and comprehensive.
Conclusion
Understanding the causes of will and trust disputes may be a crucial element in estate planning. Things that may cause disputes are ambiguity, family dynamics, undue influence, and changes in circumstances after a will is created.
