4 Tips For Contesting A Will
You can't contest a will and hope to win simply because you don't agree with how the assets were distributed. Each year many people die, leaving behind wills that are later contested. However, contesting a will is quite difficult and often won't succeed unless you're adequately prepared. If you have your facts ready, you stand a much better chance of winning the contest.
Know Why You're Contesting a Will
As stated earlier, simply not agreeing with a will is not reason enough to contest it in the eyes of the law. When you go in front of a judge, you'll need to have a good reason to contest the will. Some of the reasons why people contest wills are because:
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They believe the will is invalid.
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They believe the will was written under duress.
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They don't think the deceased was of sound mind and body when they made the will.
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They were not properly catered for in the will.
Although almost anyone can contest the will's validity, only certain individuals can complain that they were not properly catered for in the will. These include present and former spouses, children or anyone who was treated as a child by the deceased.
Contest the Will as Soon as Possible
There is no stated time period during which a challenge against a will can be brought forward. However, it's still the court's decision to decide whether or not you have a valid case. Delays in bringing claims forward can be prejudiced against certain beneficiaries. Therefore, courts normally expect any claimant to move things along as quickly as possible. If there is a long delay, the court can decide not to let your claim go ahead.
Facts Not Feelings
The decision on whether your challenge is valid or not will be decided based on facts. Just because you feel the deceased was unduly influenced by someone else when writing the will doesn't mean that's reason enough to challenge the will. Look into what you can prove and base your challenge on that.
Hire a Good Attorney
When you decide to contest a will, you'll be going up against another person or other people who are not happy about your decision to contest the will. Therefore, it's a good idea to have an experienced estate planning or family law attorney to advise you. The other side will probably be looking to hire a good attorney as well.