The Legal Challenges of Contesting a Will
Dealing with the death of a relative is never easy. When the unspeakable happens, it can takes months or even years to come to terms with it. The mourning process is challenging enough, but the unfortunate reality is that there is so much more to dealt with on top of this. The legal aspects can be difficult to face when you are going through emotional turmoil, which is why it is essential to ensure you have a professional, dedicated and sensitive law service by your side at times like these. From registering the death, to dealing with the funeral arrangements, to executing their will, there is so much that has to be dealt with following the death of a loved one. It can be overwhelming, and it is certainly the last thing you need at this challenging time, but it is nevertheless essential that it is all taken care of in a timely manner. At times, the whole process can be complicated by a will that is considered unfair or unrepresentative. In such cases, it may be appropriate to challenge the will. If you are dealing with such a situation, here is some advice to help you along the way.
Selecting a Lawyer
At such a delicate time, it helps immensely to have sensitive professionals by your side. It is essential that you select a lawyer who is discrete and understanding, as dealing with a grieving client requires tact and compassion. Make sure you look into client reviews and testimonials to find a law firm that is right for you at this difficult time, as this will make the whole process far less painful. It is best to find a lawyer who is experienced and highly professional, as then they will be able to take care of as much as possible without the need for excessive input from your side.
Contesting a Will
Any number of factors can necessitate a will to be contested. If you believe that your loved one’s will and testament has been subject to foul play or is not representative of their wishes in any way, then you will need to look into the process of challenging a will; solicitors will then be able to advise on your position and inform you of your options. This may be relevant to you if you feel you have wrongly been left out of a will, or if you have not been assigned your fair share of the assets. If you are a close family member or were heavily involved with the deceased, then you may be able to lay claim to a portion of their financial or physical possessions. Likewise, you may be entitled to challenge a will if you are not being paid the money or the property that has rightfully been assigned to you in the will. In such cases, you will need to fight your corner to ensure that your loved one’s wishes are being fulfilled. There are also many factors which can lead to a will being invalid, including undue influence from outsiders, an unsound state of mind when writing it, or a will was is not up to date at the time of passing.
If you believe that your loved one’s will is not representative of their wishes, or is not being carried out correctly, then it is time to look into challenging it. With the right legal counsel, you can settle any disputes rationally and officially once and for all.