Let us Explore Many Aspects Related to Contesting Wills
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To contest a will means to raise an objection against the will prepared by testator. While there can be many reasons for such an objection, one of the most important reasons is to have strong disbelief in what the testator meant while writing a will.
Following are some grounds for contesting wills:
• Mental inability to get the will prepared correctly
• Insanity
• Threat or force
• Fraud
• Unwarranted influence
All these grounds are interpreted according to the law of specific country. For example, in some countries, unwarranted influence comprises presence of beneficiary while the will was being written. It may also include awareness of the contents of the will.
Who can contest a will?
Legal provisions may differ from country to country as far as contesting wills is concerned. But, generally, when a person dies without making a will, his/her direct heirs or persons close to him can claim his/her assets or estate. Another scenario in which close heirs can decide to contest a will is when testator has left them out of the will. In this case, claimant can go to court and appeal to consider either the entire will or some portion of it invalid.
Generally, individuals who can challenge a will are: spouse, children, parents and De facto partner. In some wills, even ex partners, grandparents or grand children too can claim to be the beneficiary of the assets of the will.
Therefore, when a testator sets out to make a will, it is very important that he/she takes into consideration all his/her associations and relationships. If he/she wants to exclude any of the individual who can claim to be the beneficiary of the will, he/she should add the clause explaining the reasons for exclusion. Also, the clause must be signed by the testator.
How to contest will?
A will can be contested either before or after the grant of probate. But, the practical difficulty in contesting wills that have become official is that they become valid from that point onwards. And, even if you start contesting them, the assets may have been distributed by that time. Hence, though you may want to overturn the contents of the will that has already been implemented, you are likely not to get the assets in question. In order to ease out this difficulty, law has provision of Caveat. In a scenario where someone is up to contest a will, a Caveat is entered to stop the grant of probate. That is it prevents the implementation of will.
Though, contesting a will can be a taxing task at times because of emotional issues related to death and exclusion; it requires rational approach to it. An experienced law firm or lawyer can answer all questions as to how to contest will and can make the sail smooth.Though, contesting a will can be a taxing task at times because of emotional issues related to death and exclusion; it requires rational approach to it. An experienced law firm or lawyer can answer all questions as to how to contest will and can make the sail smooth. |
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Author Resource:-
Willclaim solicitors are the experts in the field of solving will disputes. The company has a vast team of solicitors who have vast experience in will contest. Contesting wills never be easier if you choose to avail the services of a solicitor from Willclaim solicitors. Willclaim solicitors would ensure that you get proper assistance for how to contest will.
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By :
Jack Authors
Submitted
2011-10-18 22:08:42 |
Article From Article Mayhem
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