Trust and Will Dispute Attorney in Nashville, Tennessee

The creation of a will or trust is a fundamental aspect of estate planning. These legal documents allow individuals to specify how they want their assets to be distributed upon their death. However, disputes over wills and trusts are unfortunately common.

Whether due to disagreements among family members, challenges to the validity of a document, or claims of undue influence, these disputes can be complicated and emotionally charged. Understanding the legalities of trust and will disputes in Tennessee is crucial for individuals involved in such issues.

Based in Nashville, Tennessee, Brazil Clark, PLLC is dedicated to helping clients understand the terms of trusts and wills and effectively manage any disputes that may arise. The firm's experienced trust and will dispute attorneys can assist clients facing numerous challenges pertaining to estate planning.

What Is a Will or Trust?

Before exploring disputes, it's essential to understand the key concepts of wills and trusts. A will is a legal document that outlines how a person wishes to distribute their estate after death. It can include instructions about guardianship of minor children, specific bequests of property, and the appointment of an executor to carry out the terms of the will.

A trust, on the other hand, is a legal arrangement in which a person (the trustor) transfers assets to a trustee, who manages the assets for the benefit of the beneficiaries. Trusts are often used to avoid probate, provide for the management of assets in the event of incapacity, or achieve specific tax or financial planning goals.

Both wills and trusts may be disputed for a variety of reasons.

Common Causes of Trust and Will Disputes in Tennessee

Disputes over wills and trusts often arise from various sources. The following are some of the most common reasons why family members or other interested parties might contest a will or trust:

Lack of Testamentary Capacity

One of the most common grounds for contesting a will or trust is the claim that the decedent lacked the mental capacity to create the document. In Tennessee, to have testamentary capacity, a person must understand the nature of their estate, the people who are the natural beneficiaries of that estate, and the consequences of their decisions.

If someone believes that the decedent wasn’t of sound mind when executing their will or trust, they may file a claim challenging its validity. This can happen if the person had a history of mental illness, was suffering from dementia, or was under heavy medication that impacted their judgment.

Undue Influence

Another common reason for disputes is undue influence, where a party claims that the decedent was manipulated or coerced into making decisions that weren’t in line with their true wishes. In Tennessee, undue influence refers to situations where someone exerts excessive pressure on the decedent to change the terms of a will or trust.

Family members may argue that one person had control over the decedent and used that control to force a change in the will or trust, particularly in the case of elderly individuals or those in vulnerable positions.

Fraud or Forgery

Fraud and forgery are also common grounds for contesting a will or trust. If a person suspects that the will or trust was forged or created through fraudulent means, they may challenge the document’s validity. This could involve a situation where a will was altered without the decedent’s knowledge or consent or if the document was signed under false pretenses.

Ambiguities in the Will or Trust

Sometimes, disputes arise because the will or trust is ambiguous or unclear. Ambiguities in the document, such as vague language about the distribution of assets, can lead to disagreements among beneficiaries or heirs.

When a document doesn’t clearly indicate the decedent’s wishes, Tennessee probate courts may need to step in to interpret the document or, in some cases, apply the state's laws of intestate succession (when someone dies without a will).

Family Conflict and Expectations

Family dynamics can play a significant role in trust and will disputes. Sibling rivalry, estranged relationships, or expectations that one party should receive a larger portion of the estate can create tension and lead to legal action. Sometimes, disputes arise because family members feel they were unfairly left out of the will or trust.

Revocation or Amendment Issues

A person may revoke or amend their will or trust during their lifetime, but the validity of these changes can become a point of contention after their death. If a decedent made verbal statements about changing the terms of their will or trust without formally documenting the changes, disputes may arise.

Similarly, if the decedent created multiple versions of their will or trust, it can be unclear which document should be followed.

When a dispute arises over a will or trust, the probate court in Tennessee is typically where the case will be heard.

Probate Court in Tennessee

Probate courts are responsible for overseeing the administration of estates and resolving issues related to the validity of wills and trusts. In Tennessee, probate cases are handled by the Chancery Court or the Circuit Court, depending on the county.

The probate process begins with the submission of the will to the court. If a dispute arises, interested parties—such as beneficiaries, heirs, or creditors—can file a petition with the court. In cases of contested wills, the court will determine whether the will is valid and whether any claims of undue influence, fraud, or lack of capacity are substantiated.

Grounds for Contesting a Will or Trust in Tennessee

In Tennessee, there are specific grounds on which a person can contest a will or trust with the help of a trust and will dispute attorney. These grounds include:

Lack of Testamentary Capacity

As mentioned earlier, if the decedent lacked the mental capacity to make the will or trust, a contest may be initiated.

Undue Influence

If it can be proven that the decedent was under the undue influence of another person when creating or modifying the will or trust, the document may be invalidated.

Fraud or Forgery

If there’s evidence that the will or trust was forged, altered, or created through fraudulent means, the court may rule it invalid.

Failure to Follow Legal Formalities

Wills and trusts in Tennessee must adhere to specific legal formalities to be valid. For example, a will must be signed by the testator and witnessed by at least two people. If these formalities aren’t followed, the will may be invalid.

Revocation

If the decedent intentionally revoked or destroyed their will or trust, this could render the document invalid.

Regardless of the reason why a will or trust is being disputed, rest assured that there are multiple avenues for resolution.

How to Resolve Will and Trust Disputes

Disputes over wills and trusts in Tennessee can be complicated and time-consuming. However, there are several ways to approach resolution together with a trust and will dispute attorney:

Mediation

Mediation is a non-litigation method for resolving disputes. It involves a neutral third party helping the parties involved reach a mutually agreeable solution. Mediation is often less expensive and quicker than going through the court system and can help preserve family relationships.

Litigation

If mediation fails or isn’t an option, litigation may be necessary. Contesting a will or trust in court can be costly and time-consuming, but sometimes this is the only way to resolve the dispute. During litigation, the parties will present evidence and testimony to support their claims, and the court will issue a ruling.

Probate Court Intervention

In some cases, the probate court may intervene early to help resolve disputes over the validity of a will or trust. This could involve hearings to determine whether the document meets the legal requirements or whether there’s enough evidence to proceed with a contested case.

In addition to resolving will and trust disputes, there are also ways to prevent disputes before they arise.

How to Prevent Will and Trust Disputes

While disputes are sometimes inevitable, there are steps that individuals can take to reduce the likelihood of disagreements:

• Provide clear documentation: Make sure the will or trust is clear and unambiguous. Be specific about the distribution of assets and include detailed instructions.

• Communicate your wishes: Consider having open discussions with family members about your estate planning decisions. This can help reduce misunderstandings later on.

• Update documents regularly: Life changes, such as marriage, divorce, or the birth of children, may necessitate updates to your will or trust. Keep your documents current to avoid confusion.

• Choose a reliable executor or trustee: Select an executor or trustee who is trustworthy, organized, and capable of handling your estate according to your wishes.

An experienced trust and will dispute attorney, like those at Brazil Clark, PLLC, can provide more advice to help reduce the risk of a will or trust being disputed.