This article has been written by Ms. Poorva Nirmal, a 2nd year student of Vivekananda Institute of Professional Studies, New Delhi.
ABSTRACT
Lack of a will frequently causes inheritance conflicts, forcing family members to negotiate pertinent laws such the Indian Succession Act, 1925, the Shariat Act, 1937 and the Hindu Succession Act, 1965. Typical disagreements include questions about the legality of the will, unequal asset distribution, disagreements about executors, and difficulties in blended families. Inheritance law specialists among family lawyers are essential because they advise clients on legal matters, mediate agreements, and, when necessary, file estate lawsuits. They serve as intermediaries, encouraging candid dialogue to arrive at just agreements. They can also assist clients with the probate procedure, making sure all legal criteria are met. In addition, family lawyers help with the creation of thorough estate plans, minimising tax effects, and defending clients in court when out-of-court resolutions are not possible. Their diverse responsibilities include obtaining information, constructing compelling arguments, and standing up for their clients’ rights during the whole legal procedure. They are a great asset in the very sensitive domain of inheritance disputes.
INTRODUCTION
Inheritance disputes mainly arises when the testator dies without creating a will. In that case, a family lawyer helps the family guiding through Hindu succession act, 1956 (in case of a Hindu, Buddhist, Sikh and Jain family), the Shariat act, 1937 (in case of a Muslim household) and Indian Succession Act, 1925 (when the couple is married under Special Marriage Act).
Certain important provisions under the acts-
- “heir” means any person, male or female, who is entitled to succeed to the property of an intestate under this Act;
- “intestate”―a person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition capable of taking effect;
- Will- testament is a legal declaration by which a person, the testator, names one or more persons as the executor to manage his/her estate and provide for the transfer of his/her property after his death
BODY
Family members or beneficiaries may disagree on how to divide an individual’s estate’s assets after their death. These disagreements have the ability to sour relationships and frequently centre on financial, familial, and personal issues. Although every case is different, there are a few typical inheritance conflicts that come up frequently.
It can be a very sensitive scenario when family members dispute about inheritances and estate management. Family members frequently accuse one another of wrongdoing and robbing them of their just inheritance. Those who are charged will probably get highly defensive and deny any misconduct in order to shield themselves from consequences.
Common types of inheritance disputes are as follows-
Contesting the will’s or trust’s legitimacy
The legitimacy of an estate document may be contested by beneficiaries who claim the dead was not mentally competent, was under undue influence, or that the document was falsified. These disagreements necessitate a careful review of the available data and can involve witness or expert testimony.
Unequal asset allocation
Conflicts might occur when heirs believe the bequest is unfair or not in line with the deceased’s intentions. Allegations of partiality or manipulation may arise from unequal treatment, particularly in cases when substantial assets are at stake.
Choosing trustees or executors
Conflicts over the management of the estate or trust may arise from disagreements among family members on the appropriateness or competence of the chosen person. The disagreement may get worse if there are concerns about the executor’s performance or if there are accusations of wrongdoing.
Blended families
Divides over inheritance are frequently caused by blended families. Conflicts over inheritance rights and entitlements may occur between stepchildren and biological children when a deceased individual had children from prior marriages or partnerships. Conflicts between the spouses now in place and the children of a prior marriage may also arise.
It is incredibly beneficial to have an estate attorney on your side throughout these difficult disputes. Family lawyers assist clients in understanding their rights and obligations by providing advice on the pertinent laws and rules pertaining to inheritance. To properly handle the complexities of such issues, it’s crucial to speak with an experienced family lawyer that focuses in inheritance and estate law. Legal procedures and tactics can differ, thus it’s important to get individualised counsel based on the particulars of a case.
For instance, a family who has lost a relative, contacts a lawyer for help. There is disagreement over the decedent’s will, and heirs are unclear of their rights. In addition to reviewing the will and explaining the inheritance laws, the family lawyer offers advice on possible legal measures to settle the disagreement.
A lawyer can:
- Pay attention to your worries and provide you with unbiased counsel regarding whether you should file a lawsuit. They try to reduce tensions within families by encouraging dialogue and mutual understanding in order to settle disputes amicably wherever feasible. They guarantee that clients are aware of their rights and responsibilities by offering thorough legal guidance on inheritance laws alongwith outlining the effects of current rules governing the division of assets, such as trusts, wills, and intestacies.
- Try to obtain a fair solution through negotiation or mediation with family members. Family attorneys may try to mediate conflicts amongst family members to try to avoid drawn-out legal proceedings. They frequently serve as mediators to assist contending parties in coming to amicable resolutions outside of court. They bargain on behalf of their clients, encouraging open dialogue and understanding among family members in an effort to reach just and equitable settlements and prevent drawn-out court cases. For instance, siblings can’t agree on how to divide their parents’ estate. In order to enable the parties express their worries and work out a settlement that takes into account each sibling’s wants and concerns without resorting to court, the family lawyer conducts mediation sessions.
- When necessary, file estate litigation with the probate court. The family attorney helps the executor navigate the probate procedure and makes sure that the distribution of assets complies with both the will’s instructions and the law. They can also offer advice on how to handle charges of estate-related wrongdoing.
- Compile evidence and create a compelling case to back up your assertions or defence: The family attorney assists in creating a thorough estate plan, which may include a trust, to reduce tax consequences and guarantee adherence to legal requirements. They help draft the relevant legal papers, like estate plans, wills, and trusts, so that the client’s intentions are spelt out precisely and enforceable by law. They guarantee that the client’s intentions are appropriately conveyed.
- Act as your representative in court and manage the entire litigation process: Family lawyers represent their clients in court when disagreements cannot be settled out of court by offering arguments, supporting documentation, and sound legal arguments. They navigate the legal system, ensuring that their clients’ interests are effectively advocated during court proceedings.
Apart from all of this, a family lawyer has an expertise in settling disputes regarding divorce proceedings, spouse support and alimony, child custody, family business, estate and will management, domestic violence, dowry death, adoption of child, restitution of conjugal rights, separation etc.
CONCLUSION
In summary, inheritance disputes—which frequently result from the lack of a will—present serious difficulties for families since they entail intricate legal, emotional, and financial issues. Families need the assistance of family lawyers to navigate the complexities of the Indian Succession Act, 1925, Shariat Act, and Hindu Succession Act, 1965. Family members may accuse one another of wrongdoing and unfair inheritance procedures, which causes defensive reactions and strained relationships. This illustrates the emotional intensity of such disagreements.
The frequent disagreements—such as questions about the legality of the will, unequal asset distribution, disagreements over executors, and difficulties in blended families—highlight the complexity of these issues. Family lawyers are essential in reducing these disputes, offering unbiased counsel, settling cases amicably, and, if needed, assisting with the probate procedure and court representation. The various roles that family lawyers play, ranging from estate litigation to mediation, highlight the necessity of having specialised legal knowledge when addressing inheritance issues.. Their vital role in handling the complexities of these disputes is reflected in their capacity to obtain evidence, offer thorough legal advice, and guarantee compliance with legal requirements in the division of assets. An estate attorney’s assistance is crucial in resolving such difficult disputes since they not only provide legal counsel but also foster understanding and conversation among family members. The example of siblings fighting over how to divide their parent’s inheritance illustrates how a family lawyer’s function goes beyond the courtroom to promote negotiation and mediation in order to reach just and equitable agreements.
Ultimately, navigating the complex terrain of inheritance disputes requires consulting with knowledgeable legal counsel. It guarantees that pertinent laws are followed, but it also helps to maintain family ties and reach cooperative agreements if feasible. Family lawyers are an invaluable resource for anyone looking for clarity, justice, and a workable solution in the complex world of inheritance disputes.
REFERENCES
https://hessverdon.com/understanding-the-role-of-a-lawyer-in-inheritance-disputes/
https://blog.ipleaders.in/kinds-dispute-family-lawyer-help-settle/