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Most Common Estate Litigation Issues

Power of attorney challenges

The death of a loved one or family member is always difficult. Therefore, disputes over an estate can often be protracted, emotional and complex. 

We have summed up the most common issues that may lead to estate litigation cases that you should be aware of. 

Power of Attorney Challenges

One of the main challenges that can arise during estate litigation is when the power of attorney was instituted under duress or an incapacity.

Another could be if the person that has been granted power of attorney has not carried out the intentions of the testator (the person who has passed) accurately or has defrauded the person who entrusted them. This can increase the likelihood of hostility between family members.

Contested Wills

Another common issue that you may run into is when a will does not reflect the reality of the family situation.  This, along with contesting on the basis of a lack of a capacity, are two key issues that arise in estate litigation.

Confirming and adjusting a will is a quick and relatively easy process and can ensure that there are no issues when it comes time to enact it.  Likewise, ensuring the capacity of the testator (writer of the will) at the time of its preparation is key to the enforcement of the will.

Family Dysfunction & Breakdown

Since everyone reacts differently to death, there are a multitude of different emotions that people may feel. For example, petty grievances, grudges and differences of opinions, or personalities, can all rise to the surface after the death of a parent or loved one.

This can make it very difficult for an executor to conduct their estate administration tasks. 

It is important to note that the longer an estate takes to close, the higher the tension can grow as beneficiaries wait for their inheritance.

Personal items also play a large role in family disputes. 

It is the role of the executor to take inventory of all assets and repay all estate debts before giving out any money to beneficiaries.


Estate litigation issues are common and resolving them with the right help can alleviate a lot of the fear and anguish when mourning the loss of a loved one. 

Feel free to call our office today to book a free 30-minute consultation and let’s chat about any issues you may have when dealing with estate litigation cases. 

This blog is made available by the law firm publisher, Epstein & Associates, for educational purposes. It provides general information and a general understanding of the law but does not provide specific legal advice. Any specific questions about your legal concerns please contact us now and speak to an expert today.