When a loved one dies, it isn’t always clear who will inherit what, and in many cases, one particular family member feels they were unfairly treated in the will of a loved one. It might be over a piece of land, or a vehicle, perhaps, and with many other variables in play, here are just a few of the reasons why a person might wish to contest a will.
- Treated Unfairly – A child of the deceased, for example, might feel that they have not been adequately considered in a will, especially when looking at further education funding, and it is often the case where a person claims that the deceased was not mentally fit to make will amendments. Another of the many will disputes is when two family members each think that they will inherit specific assets, and the one who feels unfairly treated would have legal recourse to contest the will.
- Incompetent Administration – Every will has an executor, an appointed person whose duty it is to administer the deceased person’s estate as specified in the will. If you feel that one of your relative’s estate is not being distributed as it should, you can dispute the will, and you would be well-advised to source an experienced probate lawyer if you intend to take matters to court. In some cases, the will is not clear regarding some issues, and this leads to an interpretation by the executor – which might not be to the liking of one family member.
- Undue Influence – Should a beneficiary feel that the deceased person was unduly influenced by a third party, this is reason enough to contest a will, and with the help of an experienced will & probate lawyer, the will is often amended in the recipient’s favour. As people get older, they forget things, and what might have once been promised to a daughter, is then given to a son, and this can be a very stressful time for the whole family. If you would like to explore the possibility of contesting a will for any reason, there are online law experts who will give you a free assessment, based on the evidence you provide.
- Not of Sound Mind – A very old person may have made a change in their will just prior to passing away, and it is sometimes the case where a family member feels that the deceased person was not of sound mind when they made the will amendment. Any person that feels this has taken place should consult with an experienced will & probate lawyer, who can quickly assess the situation and tell you where you stand legally.
Contesting a will can bring a lot of bad atmosphere into a family, and with a compassionate and understanding lawyer, very often the dispute is resolved in a favourable way for their client. If you would like a free assessment, an online search will point you in the direction of an established local law firm.