Many people understand that they may have the right to contest a will but may not understand the important details that must be in place to start the process. If you are at all concerned about this subject or find yourself involved in decisions about the will of a family member or another loved one, you should do all you can to reduce the stress that naturally comes at this point in life.
The death of someone close to you is stressful enough without a dispute over this legal document. But, if you are truly interested in this challenge, you must make sure that a number of items are in place. First of all, a will could be contested based on questions about the deceased’s mental capacity at the time the will was made. You might also be able to contest because you believe that someone else has exerted “undue influence” on the individual.
These are certainly not the only situations allowing for a challenge. But, to dig any deeper into the subject, you should get legal assistance from a contesting a will solicitor, one who has the knowledge and experience to guide you through the process from start to finish. Your legal professional will advise you on the two reasons already mentioned but may also tell you about filing a will challenge for a few other reasons.
Most contest situations require that the challenge can only be entered by a spouse, civil partner, cohabiting individual, children, and people who were, and may still be, financially dependent on the deceased. To give you a better understanding about this follow-up process, you would be wise to know more about why people make a will or should make a will. The basic reason, of course, is this: Without a will, the estate is generally settled according to law.
This means that the assets may not be distributed as the deceased wished. A spouse, for example, is entitled to a limited amount when there is no will, regardless of the size of the estate. This alone makes it important for you to consult with a legal expert who can offer accurate and honest advice on the way a will should be written. But this individual is also the person to consult with if you feel the need to contest the will of someone close to you.
It’s also important to work with solicitors who will take necessary steps to reduce costs if possible. But they will also be ready to assist as you go through what can be a confusing process for the non-professional. Because there are certain time limits involved in contesting a will, you should obtain professional legal advice as soon as possible.