If one person receives an inheritance while their sibling is left out of the will, the situation can be emotionally difficult and legally complex. The course of action that can be taken depends on several factors, including the laws of the jurisdiction in which the will was created, the relationships between the parties involved, and the specific circumstances surrounding the will.
Here are some general steps that can be taken to address the situation:
Verify the will's validity: The first step is to ensure that the will is legally valid. In most jurisdictions, there are specific requirements for a will to be considered valid, such as the testator (the person making the will) being of sound mind, the document being properly witnessed, and other formalities. If there are concerns about the validity of the will, it may be challenged in court.
Consult with an attorney: It is crucial to seek legal advice from an experienced attorney who specializes in estate law. They can review the situation, interpret the relevant laws, and advise on the best course of action.
Mediation or negotiation: In some cases, it may be possible to resolve the issue through mediation or negotiation. Family disputes over inheritances can often be emotionally charged, and a skilled mediator can help facilitate discussions to reach a compromise.
Contest the will: If there are legitimate grounds to challenge the will's validity or if there is reason to believe that the testator was unduly influenced or coerced into excluding the sibling, the sibling may consider contesting the will in court. Common grounds for contesting a will include lack of testamentary capacity, undue influence, fraud, or improper execution.
Dependent claims: In some jurisdictions, certain family members may have legal rights to claim a share of the deceased person's estate, even if they are not named in the will. These laws vary by location and may allow a sibling who was omitted from the will to make a claim for a portion of the estate.
No-contest clauses: Some wills include "no-contest" clauses, which threaten to disinherit beneficiaries who challenge the will's validity. In such cases, the omitted sibling may need to weigh the risks of contesting the will, as doing so could result in losing any potential share they might otherwise receive.
It's essential to act promptly, as there are usually time limits for contesting a will or making claims against an estate. Also, laws and procedures may vary significantly depending on the jurisdiction. Therefore, seeking legal advice specific to the relevant location is crucial.