We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Law

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is the Best Way to Handle a will Dispute?

By Felicia Dye
Updated: May 17, 2024

Settling a will dispute can be very difficult if all parties are inflexible. When the disagreeing parties are at least cordial, a good starting point for a resolution is for them to read through the will together. It may be necessary to allow the executor to make a final decision if the disagreeing parties cannot reach an agreement. If that does not work, contacting a lawyer or employing the services of an arbitrator may be necessary.

Before attempting to settle a will dispute, there are some things that a person should consider. First and foremost is that the person who died and the surviving heirs are often family members or close associates. As such, those relations should be valued and revered at a greater level than the possessions to be gained. Second, a solution is easiest to reach if all parties are truly open to solving the disagreement. In many cases, allowing the dispute to drag on is not beneficial to any parties involved.

The first thing that individuals should do is to re-read the document. It is often best if the disputing parties review the will together. This allows an opportunity to indicate the specific points that are causing the disagreement. If each party is given the opportunity to state what she believes the terms to mean, it may be possible to reach an agreement.

Settling the will dispute will not always be that simple, unfortunately. Sometimes disputing parties firmly believe that their points are correct. When this happens, it may be best for everyone who has a legal interest in the will to agree to allow the executor to settle disputes. If this type of agreement can be reached, the decision of the executor should be final and binding.

When the will dispute cannot be settled by the executor, there are several options. The quickest, and perhaps one of the cheapest, is to arrange for everyone to meet with an experienced attorney who is mutually agreed upon. The attorney will likely read through the will initially to familiarize himself with the document. After that, he will likely read the will again in the presence of the heirs, explaining what each part means.

Following the lawyer’s explanation, reasonable individuals should accept the legal advice provided and settle the will dispute accordingly. What the lawyer says may not be legally binding, however. If anyone still wholly disagrees and wants to pursue the matter, this may be done in court or by employing the services of a resolution specialist, such as an arbitrator.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Discussion Comments
Share
https://www.wisegeek.net/what-is-the-best-way-to-handle-a-will-dispute.htm
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.