Common Probate Disputes and How to Avoid Them

Common probate disputes come up all the time, and the saying ‘where there’s a will, there’s a row’ is popular for a reason. Of course, everyone thinks probate disputes are ridiculous until they’re on the wrong side of one.

How do you avoid a probate dispute? Do you just agree to everything, or do you need to stand your ground? Can you prevent a possible probate dispute when making your will?

Of course, the best way to avoid any dispute is not to have it arise in the first place, and that’s where goodwill and a good probate solicitor come into play.

Let’s take a closer look at probate disputes and see how to avoid them where possible.

Probate is a tense time for families, regardless of how well-intentioned everyone is beforehand.

You can choose your friends but not your family is very true and never more so than at the reading of a will. Some family members will feel slighted just because they are not included, and others will feel slighted because another member is included. You can almost hear the sister thinking, ‘Well, I was the one who looked after Dad all those years, and all I get is €10,000, while Tom gets the house.”

After the emotions of losing a parent, spouse or loved one, the harsh reality of probate can open even more wounds. Unsettled family disputes are reopened, the ex comes looking for what’s due, or siblings not seen for years suddenly appear on the scene.

Probate is a tense time, and when the dust settles, the bad feelings can linger for years.

Knowing about the common disputes can help you avoid them.

Common probate disputes in Ireland feature in award-winning books, plays, poems, and movies. There is always a slighted character somewhere unhappy about who got the house or that field down by the river.

These stories are usually based on fact, and we laugh at them until our time comes along.

Types of common probate disputes in Ireland:

The validity of a will often comes into question when a family member disputes much of its contents.

Complaints that the will isn’t valid can be:

Coercion and undue influence on the deceased at the time of drawing up the will is a very common probate dispute in Ireland.

If one family member is left more than others, the whisperings of coercion and undue influence are often made by the slighted family members.

In Ireland, the legal rights of a surviving spouse or civil partner are sometimes ignored in a will, leading to many probate disputes, though the law is clear on what should happen.

If the surviving spouse is not included in a will, they are still entitled to:

Ambiguous language should be avoided in the will, but during a dispute, people will find an issue with every word.

Phrases like ‘my favourite child’ or ‘the one who looked after me’ can cause problems when it comes to probate.

When a promise to someone is not kept in a will, it can be complicated for the slighted person to dispute the issue during probate.

Disputes like this come up when someone worked for the deceased for years and always understood they would be included in the will, such as a farm worker or long-term employee.

A complex probate dispute to resolve, this issue often comes up when a family member does not get what they expected from the deceased or, in some cases, is not even mentioned in the will.

A family member who cared for the deceased may expect more than others, and many such disputed probate cases involve the family home.

A difficult one to prove, as there is often a good reason behind why the deceased appointed the executor, such as their ability to deal with disputes.

There can be practical issues, such as the executor is thought not to be acting quickly enough or is not providing all the necessary documents to the solicitor.

Another difficult dispute to resolve, yet it is seen so often in Irish probate cases. A child of the deceased feels they should get more or that they have been left out altogether in the will.

Issues, disputes, and legal arguments are all part of the probate process in Ireland. The family, the deceased, and the family solicitor could all play a role in both preventing probate disputes and dealing with them when they arise.

Prevention is the best cure for legal disputes, and no more so than when it comes to probate issues. It is down to the person making their will, the solicitor handling the legal side, and the family to avoid disputes when the time comes to decide on probate.

Ways to avoid probate disputes in Ireland:

Dealing with probate disputes is usually the solicitor’s job. Avoiding the costly process of going to court is always a good idea, and this is where using an experienced probate solicitor is vital.

Using an experienced probate solicitor is the only way to avoid some of the common pitfalls with wills. You probably can’t deal with some problems in advance, such as someone feeling slighted, but a well-written legal document could save a lot of heartache.

Families sometimes fall apart over probate. The disputes can last generations, and often the problem was avoidable with a bit of foresight.

An experienced probate solicitor will:

You could do it all yourself, draw up a will and leave it in a drawer in the bedroom, but 99 out of a hundred times, you are only leaving problems for the family.

An experienced probate solicitor will try to get everything right and know what to do to avoid disputes.

Contact Valerie Kearins Solicitors today and let us help you make a will.

Our team of experienced solicitors can be with you from day one and will guide you through every aspect of probate. We know how and when to handle probate, and we will deal with it during the tense times after a death.

Contact Valerie Kearins Solicitors today for all your probate needs.