WHAT IS THE DIFFERENCE BETWEEN A WILL DISPUTE AND…
A will dispute is a legal dispute over the validity or interpretation of a will. This type of dispute may arise if a beneficiary or family member believes that the will does not reflect the deceased person’s wishes, or if there are concerns about the circumstances under which the will was created. Examples of will disputes include: Contesting the validity of the will due to undue influence, fraud, or lack of testamentary capacity. Challenging the interpretation of the will, such as the meaning of specific provisions or clauses. Making a claim for family provision if the will does not adequately provide for certain family members or dependents. A probate dispute, on the other hand, is a legal dispute over the administration of the deceased person’s estate. This type of dispute may arise if there are concerns about the way in which the executor is carrying out their duties, or if there are disputes among beneficiaries about the distribution of the estate. Examples of probate disputes include: Challenging the appointment of the executor or seeking their removal. Disputing the valuation of assets or liabilities of the estate. Disputing the distribution of the estate, such as the apportionment of assets between beneficiaries or the interpretation of distribution clauses in the will. It’s important to note that will disputes and probate disputes can sometimes overlap, as issues related to the validity or interpretation of the will can also impact the administration of the estate.