No pain is more than that of losing a loved one. But to know that the loved one with whom you shared precious memories, didn’t consider you to be a part of their will? Or maybe the distribution has not been fair?
It natural to be devastated and get overwhelmed with all the mounting questions. But we would suggest you stay calm and immediately get in touch with a will contest lawyer to challenge the will. Wondering what all entails in a will contest lawsuit? Let us help you guide through the basics of it.
What are the legal reasons for contesting a will?
If the will has not been correctly executed, it can be contested in the probate court. A will would be termed a valid legal document when it is in writing of the testator who should be 18 or above( Unless in Armed forces), signed in the presence of two witnesses. The witnesses must witness the will in the presence of the testator and the presence of each other.
If the will has no provision for the dependants or spouse to inherit the esteem, then the will can be contested.
If the person has the knowledge and evidence, substantial enough to prove that the testator was made to write and sign the will force, the wall can be contested. Similarly, if the testator is unable to comprehend the pointers laid down in the will or does not have the knowledge or doesn’t approve of what is stated, the will can be contested.
What reasons are not substantial enough to contest a will?
To assume that you somehow deserved a part of estate in the will is not a reason sufficient enough for contesting the decision written in the will.
Estate law does not consider any verbal promise. What is written in the will in the presence of two witnesses is regarded as a legal document? A promise made but not reflected in the will not be counted as a valid reason to contest a will.
Who can not file a will contest?
Not everyone who has been a part of the testator’s life is legally eligible to contest the validity of the will. That being said, the person challenging the will must have a supportable legal reason along with concrete proof to influence the court’s decision. Additionally, some states have the provision of “no contest clause” wherein the testator bars the beneficiary from contesting a will, and if they do so, they shall lose whatever inheritance they have been written in the will. But if the person contesting the will has not inherited anything in the will, then they have nothing to lose by fighting it. Disinherited people who are legally family members or the beneficiary are eligible to contest a will.
Do you feel being left out of the will from your family was unexpected and unfair?
Do you plan to contest the will?
What shall follow can be a treacherous familial battle, which can only be prevented from turning worse with a legal solution. Contesting a will is an emotionally draining and time-consuming procedure. We suggest you immediately start looking for a will contest lawyer, who can help you navigate through the court-proceedings with a clear head, without letting any negative feeling or guilt consuming you. An adept lawyer will make sure you get the justice, prepare a convincing argument as to how the will is unfair and help you get the share you deserve in the will, lawfully.
Call or email for a thorough consultation with a proficient will contest lawyer.