3 Important Things You Need To Know About Challenging a Will
Dealing with legal issues can be very challenging and tiresome as you try to get the most out of the lawsuit. When it comes to dealing with a will, you won't only be dealing with the loss of your loved one, but also the sorting out of the unfair will. Therefore, if you find yourself in such a situation, read on below because you will find out significant information concerning challenging the will.
On What Grounds Can You Challenge The Will?
Before filing a suit to challenge a Will, you need to prepare yourself to ensure that you have some odds of winning the suit. For this reason, it is important to understand the circumstances under which you can challenge a Will.
While different states and territories may have their own laws concerning Wills, circumstances when one can challenge a Will are usually similar. Some of these circumstances that you should know include the following:
- When there is evidence that the Will was tampered
- When you are a family member and haven't been adequately provided for in that Will
- When at the time of signing the will, the Will maker acted under undue influence
- When the mental capacity of the Will maker at the time the will was being drafted was insufficient
- When the executed Will wasn't the final one drafted by the deceased. In such a case, the newer Will can trump the older one.
Why Is It Important To Have A Basis For Challenging A Will?
Having a basis or ground for challenging a Will is very important. This is because if the Will you are challenging has a "no contest" clause, you could risk losing any gift or inheritance that the Will provides. Such clauses usually suggest that anyone challenging a Will without a basis can lose all the provisions of that Will.
Can You Challenge A Will That Was Prepared By A Solicitor?
Even if a solicitor witnessed and helped in drafting the Will, this doesn't mean that it can't be challenged. Just because the solicitor believed that the Will maker was of sound mind, for instance, may not always mean that this is true. For instance, under a claim on family provision, you can argue that at the time of making the Will, the Will maker did not account for the family's financial needs. In such a case, you will have ground on which to challenge the Will even if it was witnessed by a by a solicitor.
For more information and advice on how to challenge a Will, talk with a lawyer, such as those at RAMSDEN LAWYERS.