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What You Need to Know About Filing for a Will Dispute

What You Need to Know About Filing for a Will Dispute

The will written by a person is considered a legal document describing how he or she would want their estate to be divided after death. Most people write their wills as they grow old in order to avoid disputes and quarrels between their children about how the wealth should be divided. Even a simple document with information about how to distribute a person’s wealth can be regarded as a will and shall be considered so by the courts. If the authenticity of the will has been proven, the courts generally do not allow any dispute to be upheld against the will.

However, there are certain situations in which will disputes might be considered valid. They can cover a number of different issues over a deceased individual’s estate. However, before you think about filing a dispute claim, you have to know whether the claim is valid or not.

Common Types of Claims

  • If you feel that the deceased person distributed their property unfairly, you might have grounds for a will dispute.
  • Issues associated with the Executor of the Estate, which includes a failure to comply with local regulations or to apply for the probate of the Estate on time. Or, a failure to distribute the assets properly amongst the beneficiaries.
  • Ambiguous instructions left behind by the deceased that make it unclear as to how their estate should be divided.
  • Doubts over the deceased’s testamentary capacity at the time of writing the will.
  • Evidence or belief that the deceased had been under influence at the time of writing the will.

Filing a Claim

The claims mentioned above are the most common types of claims filed by most people. If you feel that your claim is similar to any of the ones mentioned above, the first thing you need to do is to find a lawyer who specialises in handling claims and disputes. Your lawyer will closely study the case and the grounds for a claim before recommending whether to go ahead with it.

There are a few lawyers that work on a “no win, no fee” basis, so it’s not likely you will have to pay the amount up front. The lawyer will contest the claim on your behalf and prove to the courts that you deserve a share of the deceased’s Estate. If the lawyer is able to get you a share of the deceased’s Estate, only then will they take the fee originally agreed upon in the contract. There are a few law firms that also offer free consultation, so you can contact them if you want to know whether your case is solid and stands a chance in court or not.


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