There are moments in life when bad things happen and you are faced with situations that take you away from your family as you have to be faced with long legal problems. You do not want to have to deal with a lot of hassle so you do want to know what to do, just in case it happens. This is exactly the case with having to challenge a will. Since it is better to be safe, here are some things that you should know.
Why Challenge The Will?
There are two reasons why challenging a will should be considered:
- Claiming that the will was invalid, maybe due to testator being coerced.
- Not being properly provided for – for instance, as a previous marriage spouse.
Not Being Provided For
Such a claim can only be made in specific situations and just some people can do this. Courts are going to consider financial situation and estate size when making a determination. Just the previous or current spouse, a maintained person and a child can challenge wills under this option.
Disputing The Validity Of A Will
Basically anyone can do this. In the event you think the testator did not have the right mental capacity, approval or knowledge as the will was made, validity can be contested. A really common reason appears when a person was ill and faced with strong medication use as the will was drafted. All people but the creditor of the deceased can make claims. However, former beneficiaries of a will that is no longer valid from the same person can start the contesting process.
Taking Actions As Soon As Possible
Challenging will validity does not have statutory time limits. Even so, it is really important that you challenge as soon as possible. This is because the court can decide not to allow the claim to continue. Courts do expect that claimants act without a delay, mainly in the event there are parties that are going to be prejudiced in the event the delay appears. Always proceed expeditiously in order to avoid having assets disappearing. Sometimes the beneficiary of the will simply sells items so they cannot be obtained back.
Even in the event that someone wants to challenge a will, communication is something that helps to reach an agreement without getting courts involved. Parties are expected to try to settle differences without assistance or with the help of a solicitor. Pre-action protocols help a lot more than what people expect because they tend to solve problems in most of the cases.
Getting Help From Lawyers
Unfortunately, you cannot always solve problems by simply talking with the other parties involved. This is when there is no other choice but to contact an experienced lawyer. Make sure you check credentials and that you hire one that did deal with such cases in the past. You are interested in finding those attorneys that do have a great track record in helping people that needed to challenge wills. Do not blindly trust advertising you find online.