Tuesday, July 10, 2018

How to Contest a Family Member's Will

Family is something that many people often hold dear to their hearts. This could be because of the sentiments held when it comes to blood relations or simply because they’ve been with you through the ups and downs of life. Whatever the case, when a family relation passes away, it can be devastating for you and your loved ones. It can be even more tumultuous when there happens to be a will involved. Sometimes, wills seem unfair and can cause division as well as disagreements between family members. However, you should know that although a will seems to be set in stone, that it can be contested. You’re going to find out how you can do so below in case you’re in a similar situation.

Determine Whether You’re Lawfully Entitled
Determining whether you can actually contest a family member’s will is the first step in the process. You should, therefore, consider doing research beforehand to see if you have a case. Some people who are typically able to contest a family member’s will include a spouse or blood relation, so if you are either of the two then you may be eligible. You can also try contacting The Inheritance Experts for a consultation and advice in case you’re unsure. Once you’re confident that you’re lawfully able to contest the will, you should find out about the actual will itself and see if you can get a copy in case you suspect that it’s been tampered with in any way.

Calculate the Costs
Legal battles can be financially draining, so it’s key that you’re fully aware of the cost implications before making the decision to contest a will. It can cost thousands of dollars, and it’s also possible that the trial could end up taking several years. If you don’t have enough to cover the legal fees, then you may want to consider how you can get the finances to do so. This could mean needing to take out a loan or saving towards it. However, you should note that contesting a will must be done in a timely manner or you may miss the allocated time-frame to do so.

Make a Case
When contesting a will, it’s imperative that you’re somehow able to prove that the will is invalid. Key things that usually invalidate a will include the will not being executed properly, your deceased family member being mentally incompetent when signing the will, someone exercising undue influence over your family member, or your family member falling prey to some form of fraud. On that note, if you have any verbal or written conversations which indicate what your deceased family members desire was in terms of their will, you will need it to build your case. It is also key that you get an experienced solicitor who is available, easy to communicate with, understanding, and has reasonable fees.

Contesting a will likely isn’t something anybody wishes to do but at times, it is necessary. If you happen to be in such a position, it’s important that you understand the process and weigh out the costs beforehand. By doing so, you may increase your chances of winning and being awarded what you feel you’re owed.

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