Some of the most common Will disputes that happen between beneficiaries often happen between siblings. When it comes to adult siblings who are set to inherit from their parents, many factors influence how testators choose to distribute their assets after their death – factors include the financial needs, habits, personality, livelihood, family, job, and individual relationship of each child.
Recently, Gaslowitz Frankel LLC attorneys Robert Port and Luke Caselman secured an important trial court judgment for their client, prevailing over a Will challenge accusing Port and Caselman’s client of exercising undue influence on her mother. This case highlighted the many reasons testators – the person signing the Will – make the decisions they do when writing their Wills.
Related Article: How to Prevent Estate Disputes Amongst Siblings
Just because the distribution of assets from a Will is uneven does not necessarily make it “unfair” and subject to legal challenge. A beneficiary wanting to file a challenge to a Will (a caveat) must prove at least one of the following: (i) that the testator was not competent when they executed the Will; (ii) that the testator was unduly influenced or coerced when making their Will; or (iii) that the legal requirements of making a Will were not met.
When Will disputes become particularly contentious and emotionally taxing, the attorneys at Gaslowitz Frankel LLC can offer counsel for these difficult matters.
Case Study: Gaslowitz Frankel Attorneys Prevail over Challenge Due to Undue Influence in Will Dispute
Robert and Luke prevailed for a Gaslowitz Frankel client over a claim that a Last Will and Testament should be set aside due to fraud and undue influence.
This case was a dispute between two sisters over the effectiveness of their mother’s Will. The mother’s Will left the bulk of the mother’s assets to one daughter and disinherited the other daughter. The disinherited daughter claimed that the other daughter, who is Gaslowitz Frankel’s client, had misled their mother about an alleged altercation between the sisters and influenced their mother to cut her out of the Will. The disinherited daughter sued to have the Will set aside.
The trial court found that the mother had neither been misled nor unduly influenced in making her decision to disinherit, based on the testimony and documentary evidence presented by Robert and Luke.
The evidence – including a psychological exam the mother took before signing the Will, and testimony by the attorney who drafted the Will – showed that the mother was fully competent, despite her age.
The evidence was that the mother based her decision to disinherit one of her daughters on the contentious relationship they had with each other. The decision was not influenced in any way by the daughter who ended up receiving the bulk of the mother’s estate.
The disinherited daughter appealed the decision to the Georgia Court of Appeals, which affirmed the trial court’s decision in its entirety.
About Gaslowitz Frankel LLC
We have the compassion and experience to guide beneficiaries toward understanding their unique situation and toward making the best decisions that optimize their outcomes. Our team has the expertise to address concerns beneficiaries have during the litigation process, including the desire to honor the deceased’s wishes, avoid or minimize the time in court, alleviate stress, and make the best decisions for themselves and their families. Gaslowitz Frankel LLC has the passion and authority required to deliver clients with their ideal outcomes.
Fill out our contact form for a free consultation.
