Losing someone you love through death is a really difficult time, no matter what the circumstances and it is a time of great stress. It becomes even more when the deceased has left a will detailing the dividing up of their assets, and someone is not happy about this distribution and feels that it’s unfair or illegal. We all love our families, but when family and money come together, people change and it is not always in a good way. None of us want to fight with a family member especially after a parent has died, but the reality is that sometimes things end up in court due to disagreements about a last will.
Know Your Rights.
It is at a time like this that you need the legal services of a solicitor and specifically a ‘contesting a will’ solicitor. When the last will has been read out, this is the time when there may be disagreement about its contents and what is going to happen. If you are the one who wishes to contest a will, then you need to know your rights and when you can contest a will. A solicitor will advise you on where you stand and whether or not, you have a case. You do not want to be going to court, to find out that when you get there, that you have no rights concerning the will. Availing yourself of the services of a solicitor at the beginning, will make sure that you are not wasting time and money later.
Contention Of A Will.
There are two situations where you can contest a will. The first is when you feel that the will is not legally valid because that you may feel that the person who wrote the will may have been unduly influenced or that they were not mentally sound when they wrote it. The second, is that although you were left something in the will, you do not feel that it is enough regarding your lifestyle now, or it is not enough, when compared to other people in the will. Examples would be as a partner from a previous marriage or a sibling who gets significantly less money in comparison to other brothers or sisters.
So, Who Qualifies?
When you are making this claim, you need to make sure that you don’t come under the list of people who cannot make this kind of claim. You need to be the current or previous partner, be a son or daughter of the deceased or be someone who was treated as such, you can be someone who was taken care off, before the death, or you lived with them as a common law partner for at least two years before they died. Once you have established that you are one of these persons, then there is no set time limit for bringing your claim to the attention of the courts. It is, however, advisable that you act quickly before the assets have been spent or moved away.
Contesting a will has always been a difficult time and that is why you need to avail yourself of the services of a professional and competent solicitor who can contest the will for you within the relevant laws.