Family members feuding over the estate of a recently deceased loved one is a popular topic in soap operas. The drama hidden behind the legal battle is deliciously scandalous. However, things are far more heartbreaking in real life.
The wills and probate are not as theatrical as portrayed on TV. A lot of documents are involved. There are filings made at local courts, and there are fees to pay. There are so many things to do!
You are not only grieving the death of your loved one, but you also have to deal with the stress of a tedious process. Tension will go high if you find the suspicious circumstances around the existing Will. The question would be, how do you go about contesting a Will. If you ask such a question, kindly continue reading this blog.
Establishing Legal Foundation
The most logical step would be to ask for guidance from solicitors. They will be the first to know that the deceased person’s Will is invalid because they are well-entrenched in the legal realm. They have first-hand knowledge of everything that is involved in the process of contesting a Will.
The solicitors will have done this process more than once. We have the skills and experience to guide you on the proper steps. Their skills and expertise are essential, especially since disputing a Will is daunting.
At Bickell & Mackenzie we would probably enumerate the common grounds for contesting a Will. Here are some:
- The deceased, a testator, lacked the mental capacity to create the Will.
- The testator did not approve the Will.
Once you establish the legal ground for disputing the Will, you can proceed with the gathering of evidence. The evidence may be hard to gather, but this concern can be solved by hiring a seasoned Wills & Estates lawyer.
Undue Influence from Another Party
You have to present evidence that the deceased person’s Will resulted from undue influence. To launch a successful challenge, you must prove that the other persons used undue influence to interfere with the deceased’s free Will.
The testator may have been manipulated by another person who wanted to benefit from the Will. If you can prove this, you have the legal ground to contest the Will.
Proving undue influence is necessary, but it is not the only requirement to contest a Will. You also have to show that the deceased did not approve of the Will. The testators should never sign the Will, if they do not concur with the document’s contents.
To ensure that a Will is valid, the testator needs to prove the authenticity of their signature. They should also be able to confirm that they are indeed the Will writers. You and your legal team at Bickell & Mackenzie will have to address these issues and more to establish your case.
We can help
We encourage you to consult Bickell & Mackenzie in Redland Bay for your concerns about will and probate. As solicitors, we can help you, especially during this time of grief. Contact the Bickell & Mackenzie office at (07) 3206 8700 to book a consultation.
