If you feel you have been wrongfully left out of a will, you can take legal action and contest the will. You must be aware of several things before taking this route, such as the process of contesting a will, how to hire a lawyer, and what to expect along the way. With this information, you can be confident in your decision to contest a will.
Here, your trusted family lawyers from Bickell & Mackenzie share what you need to know:
What Is a Will?
As you might already know, a will is a legal document that details how a person’s assets will be distributed after death. It can also be used to determine a guardian for minor children and pets. A will is an integral part of any estate plan, as it allows individuals to have control over their prized belongings after they die.
What You Need to Do
If you plan to contest the will of your loved one, here’s everything you need to do:
Find Out What the Will States
If you’re considering contesting a will, it’s essential to know what the will says. The first step is to get a copy of the will from the person who has possession of it, typically the executor or the attorney. Once you have the will, you can start to review it and look for any potential issues.
Determine If There Are Indeed Grounds for Contesting the Will
There are a few different grounds on which you can contest a will. The most common are:
1. Lack of Capacity: The testator (the person who made the will) must have been of sound mind when they made the will. If they were not, the will could be declared invalid.
2. Undue Influence: If the testator was influenced by someone else to make the will, the will could be contested. This can be difficult to prove, as it requires showing that the testator was not acting of their own free will.
3. Fraud: If the will was created through fraud, it could be invalidated. This might happen if someone forged the testator’s signature, for example.
4. Invalid Execution: The will must be executed correctly to be valid. This means it must be signed by the testator and witnessed by two other people.
Learn About the Costs of the Process
Contesting a will can be a costly process, both emotionally and financially. If you’re considering contesting a will, it’s essential to be aware of the potential costs involved.
Legal fees can be one of the most significant costs associated with contesting a will. Depending on the case’s complexity, you may need to hire a lawyer to help you navigate the legal process. Even if you don’t hire a lawyer, you may still incur legal costs, such as filing fees.
Get a Reliable Lawyer
If you’re considering contesting a will, it’s crucial to have a reliable lawyer by your side. The process can be complicated and emotionally fraught, and having an experienced attorney by your side can make all the difference.
Conclusion
It’s undeniable that contesting a will can be a long and complex process. It is important to seek legal advice from a family lawyer early on to ensure that you take the right steps and understand the possible outcomes. The process can be stressful and emotional, so it is also important to be prepared for that.
Bickell & Mackenzie offers the services of some of the best family lawyers in Redland Bay who can help you navigate the complexities of contesting a will. Schedule an appointment with our attorney today!
