Reasons A Will Can Be Contested
Will contest is a serious decision to make. Apart from being a stressful and emotional procedure, it should not be taken lightly. People choose to contest a Will for many personal reasons.
Common reasons why people decide to contest a Will:
This is a common reason what drives people to contest a Will as they are not pleased with the content in will and feel they were cheated out of their share of the inheritance.
If the original copy of a will has been lost, then the copy might be disputed unless the executor of the will can prove its validity.
Dependence on the deceased
If a certain person was financially dependent on the deceased but the testator failed to make provision for them in their will, then they may be entitled to make a claim to the court in order to receive a settlement. The people who can make an inheritance claim such as this are the partner of the deceased and any minors or mentally disabled people who were dependent on them. While most beneficiaries of the will are likely to receive their inheritance as a lump sum, any financial dependent that goes through the process of contesting a will is more likely to receive their money in the form of maintenance payments.
Validity of the Will
If all the conditions needed for a will to be valid are not met, the will could be rendered invalid. Therefore, you should take action as soon as you suspect there might be something wrong. A court of law always assumes that the will is valid, so if you want to make an inheritance claim or otherwise contest the contents, you will be the one responsible for proving that the will is invalid.
In addition, some people may make an inheritance claim if they were beneficiaries in a previous will but have been left out of the final one. Although this is a fairly rare occurrence, the major reasons for contesting a Will are usually because of its validity or in the case of financial dependents.
Need expert advice on will contest? Contact Armour Allen Lawyers and see how we can assist you regarding this matter. We offer a first interview free at no cost and no obligation.