Revolution Mother

Revolution Mother

What To Know Before Challenging An Unfair Will


Dealing with legal matters of any kind is usually always stressful, as you try and navigate through an unfamiliar world and get the best result possible. When it comes to the matter of wills, the situation can often be fraught with emotion – not only do you need to come to terms with the passing of a loved one, but you then need to start sorting out the practicalities involved. Things only get further complicated if the will left behind seems unfair or unusual. If you find yourself in this situation, read on. Below you will find some information that could be of use; however, remember that it is always best to consult a legal professional such as those at The Will Dispute Lawyers before taking any action and that the law will differ depending on your location.

You can challenge a will prepared by a solicitor

There are several situations in which a will prepared by a solicitor can be challenged successfully. Under a family provision claim, if the person who made the will did not take into account the financial needs of their family, these individuals have ground on which to challenge a will, even if a solicitor drafted and witnessed it. Similarly, a solicitor’s opinion is not above questioning. For example, the court will consider all relevant pieces of evidence in determining whether someone had the appropriate capacity when they made their will. Just because a solicitor believed the person was sound of mind doesn’t mean it’s true.

You can request a copy of the will

If you are not immediately provided with a copy of your spouse’s or parent’s will, you are within your rights to contact their executor and request one. In the unusual event that they refuse to accede to this, you can contact your own lawyer and have them deal with the matter by sending an official letter to the executor, outlining why they must comply.

You may have to go to court

Although, yes, you may be required to go to trial in order to settle a dispute over a will, in most cases, this will not happen. Executors rarely want to deal with the costs and energy spent by doing this, so they will likely make an arrangement with you before it gets to this stage.

Time limits are applicable

In order to determine how long you have to act, you should get in touch with a local legal professional who can provide you with advice. If you don’t contact the executor within a certain timeframe, they may proceed with distributing the estate.

A number of factors will determine how successful you are

Every single case is different and your success in a will dispute matter will depend on a variety of variables, including the size of the estate, your relationship with the deceased individual, your financial positon, and the financial situation of other people named in the will.

Contesting a will can be a stressful process, but if you feel as though the document is unfair, then you are more than able to fight for justice. Be sure to understand the risks and costs involved and seek professional legal advice for further information. Good luck!

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