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If a parent wants to leave one sibling out of the will, this is legally permissible. There is no rule on disinheriting a child. However, to avoid legal challenges by a disinherited sibling, a parent should consider discussing the matter with the child or explaining the reason in the will.

Beneficiaries Can Sue the Executor Personally for Fraud In that case, the people who suffered a loss due to the fraud can initiate a lawsuit against the executor for fraud or any other causes of action. The court can remove an executor as the personal representative of the estate for committing fraud.

Duress, Fraud or Undue Influence A Will could be found to be invalid due to the deceased being under duress, or the subject of fraud or undue influence at the time of writing the Will. Basically, someone isn't allowed to force or wrongfully coerce someone else to execute or change their Will in a certain way.

Executors are bound to the terms of the will, which means that they are not permitted to change beneficiaries. The beneficiaries who were named by the decedent will remain beneficiaries so long as the portions of the will in which they appear are not invalidated through a successful will contest.

If the court finds evidence proving that the individual has not been following the will, the court may remove the executor and appoint a successor executor.

There are a couple of ways to protect an inheritance from in-laws, starting with establishing a trust. For example, you might create a family trust which allows you to leave assets to family members. The trust terms can specify that anyone who is not a blood relative can be excluded from receiving assets.

Initiate Court Proceedings Executors must fulfil their duties and engage with beneficiaries regularly. If not, beneficiaries may be able to file a petition with the probate court to compel the executor to communicate with them. They may also petition to remove the executor from their role.