Succession Disputes: 10 FAQs on Probate Disputes & Family Fights Over Testator Assets

What are the most common types of probate disputes involving family members?

Will challenges, intestacy disputes, disappointed beneficiary claims, executor disputes, and property ownership disputes are frequent flashpoints. 

 

Do I need a lawyer if I'm having a disagreement with family about inheritance? 

While not always mandatory, legal guidance is highly recommended. Lawyers understand the legalities, manage communication, and protect your interests. 

 

What are the benefits of alternative dispute resolution (ADR) in probate disputes? 

ADR methods like mediation can be quicker, cheaper, and preserve family relationships compared to courtroom battles.

 

What happens if mediation or negotiation fails?

If an amicable solution proves elusive, litigation might be necessary. A lawyer can advise on court proceedings and fight for your rightful inheritance.

 

How long do probate disputes typically last? 

Timeframes vary depending on complexity, but it can range from months to years, highlighting the importance of seeking solutions early.

 

How much do probate disputes cost?

Costs depend on factors like dispute complexity, chosen legal strategies, and lawyer fees. Exploring ADR options can help minimize expenses.

 

What should I prioritize while navigating a probate dispute with family?

Prioritize your well-being, both emotionally and financially. Open communication with family and legal counsel can also be crucial.


Can I be disinherited completely, even if I'm a close family member? 

 Yes, depending on the testator's wishes and specific circumstances. Legal guidance is essential to understand your rights and potential claims.

 

What happens if the deceased didn't have a will?

Intestacy laws dictate inheritance in such cases, often leading to complex family disputes where rightful beneficiaries need to be established.


How can I prepare for potential probate disputes in the future? 

Encourage open communication within your family about estate planning and encourage the testator to create a clear and well-drafted will.


Remember, this information is for general knowledge only and does not constitute legal advice. For specific guidance on your situation, always consult with a qualified legal professional.

Contact our Dispute Resolutions Team

Tel/WhatsApp 64199999, Tommy Lo, Lawyer

Send an online inquiry

See our Office Addresses and Tel


Share by: