Things You Should Know About Contesting Wills

You have just inherited an estate from a loved one who passed away recently. They’ve named you in their will, and the inheritance process seems pretty straightforward. That’s great! However, what if you want to contest a will on legal grounds? Maybe you are unconvinced about its authenticity or suspect foul play was involved. There could be other reasons too. In those cases, you will have to hire the services of a will contest lawyer who will help you with the entire process with their years of experience and knowledge. You will also require their assistance if you want to draft your own will in the future and ensure it remains uncontested. What are other ways your attorney can help you, and what are some things you should know about contesting a will?

When can you challenge a will?

As mentioned earlier, there are circumstances when you might want to challenge a will. However, it is essential to know that mere dissatisfaction with what you have inherited is not a sufficient reason for challenging it. Firstly, you should have the required legal standing, which means that you should be mentioned as the beneficiary in the will. In those cases where the estate owner didn’t leave a will behind, the intestacy rules come into effect. Intestacy refers to a condition where a person dies without a valid or legally enforceable will, and the law determines the estate’s distribution through inheritance laws. Some of the reasons behind contesting a will are not enough testamentary capacity, suspicion of fraud or forgery, insufficient witnesses, unclear provisions, or the existence of a later valid will.

How long does the contest take?

Each case is different from another. Usually, the more complex an issue is, the more time it would take. However, as a rough estimate, it takes about six months for out-of-court settlements and anywhere between one to two years with court hearings. The jurisdiction in which your case is being fought will also determine its duration. If the two parties are willing to opt for a settlement outside the court, then the time of the process is decreased considerably.

What are some general steps involved?

First, you should determine your legal validity to contest the will. If you do, notify the executor of the will, informing them of your intention to file a claim via your attorney. You can choose to enter out-of-court settlements if it’s agreeable to both parties. If an agreement is nowhere in sight, the matter will be heard in court through a series of court proceedings. Your lawyer will draw up a summons and file an affidavit in court along with the evidence to support the claim. The court will provide the executor and beneficiaries with an opportunity to defend the claim. That will be followed by a mediation session where all concerned parties will have a chance to resolve the dispute. After considering all the evidence presented before the court, the judge will make the final decision and decide whether a provision should be made along with the amount.

How can a lawyer help you?

You will require your attorney’s help to fight your will claim in court. Several steps are involved in the entire process, and each is as complicated as the other. They will negotiate with all the parties involved, along with their lawyers. Your attorney will also ensure that all the documents required to contest the will, like The Summons, The Plaintiff’s Affidavit of Evidence, and The Plaintiff’s Notice of Eligible Persons, are in place. They will also ensure that you get your fair share of the estate or aren’t handed an unequal term on any account.

It will be a significant challenge to contest a will without an experienced will contest lawyer. They will help you with the different steps involved, from negotiations to presenting the evidence in court. If you think you’ve got a rightful claim to be made, you must contact an attorney now.