Contesting a Will is not just a costly process but includes many emotional grounds as well. So, you should be careful while contesting a Will. There are many situations where you can claim on the property of a person who financially took care of you. You can think of contesting a Will only after understanding everything about the process and legal terms. Here we discuss about different things you must know while contesting a will.
Eligibility to contest a Will
You must ensure that you are eligible to challenge a Will before doing so because the categories of people who can contest a Will are specific and limited. A living partner of the late or a cohabite who lived with him/her for at least 2 years can claim on the Will. Children of the late who were financially maintained by him/her but were excluded from the Will can also claim. The children can be the direct offspring of the late, a stepchild, an adopted one or else one who the late person treated as his/her own. Persons who were at the mercy of the late, including a disabled person, an older relative or ex- spouse who has since stayed unmarried are eligible to challenge a Will. To know more click on Investopedia on Wills.
Having a solicitor who is specialized in the field of contesting Will is immensely good because he can act on your behalf in a fair and dispassionate manner. So, find out a specialist who is experienced at handling heritage claims for your mass benefit.
Proof of claim
You must have important proofs of your relation to the late person for proving your authority to contest a Will. Everyone do not need to submit grounds of monetary necessity for making a heritage claim because most cases are determined on the basis of the financial condition of the beneficiaries and the desires of the late person. Therefore, it is good to have important documents in hand to be submitted when your solicitor or court asks.
Ability to afford the expenditure
When you are going to contest a Will, the financial liability for the claim would be upon your shoulder. Though some lawyers practice a ‘no-win, no-fee’, method, you must keep the solicitor’s fees and court costs in hand. This is essential to ensure that your case will be successful before your start process.
Wills with mass value of assets of late persons will encounter claims by relatives and other eligible persons. Many reasons can lead to contesting a Will and some of them include;
- When a beneficiary disagrees with the amount of inheritance.
- When a professional negligence is suspected, for example on the solicitor or Will writer who drafted the Will.
- When disputes begin between the executors of the Will
- When the late person didn’t have perfect mental capacity at the time of preparing the Will
- The late person had made the Will under force.
- When the Will includes improper alterations.
Author bio: Ted Beaumont is a law expert and is providing his advice about the same to his clients from last few years. He also writes a blog and has recently shared about legal advice for contesting a will. This will help the users in getting information about the topic in detail.