If your loved one leaves a will behind that you consider unfair or unreasonable, there are ways to contest it, but that doesn’t necessarily mean you are going to be successful. As a general rule, the courts consider a person’s will to be etched in stone, so to speak, because they realise that a person’s last wishes should be respected and honoured. If you do decide to contest someone’s will, however, the first thing you should do is contact an attorney. Together, you and this lawyer can go over the details surrounding the will so that you can decide if it is worth it to contest the document. If the lawyer recommends moving forward, the two of you can come up with a plan that will help you get started, which increases the odds that you will be successful in the end.
Why Contest a Will?
If you feel that a loved one should have left you something that wasn’t in the will or even that the deceased was responsible for your care and well-being but left you nothing, you can try to contest the person’s will. Certain things must be taken into consideration when this happens, including:
- Do you feel the deceased wasn’t of sound mind when the will was written?
- Do you feel that the will is grossly unfair?
- Do you feel that the deceased was unduly influenced by another person when writing the will?
- Do you feel that the deceased had a duty to take care of you or other dependents financially?
Naturally, there are other points to consider when contesting a will, but a good lawyer will make sure you understand them all so that you can move on to the next step. There are never guarantees that the outcome will be what you wanted it to be, but if you can prove one or more of the points listed above, you may be successful in your attempt to contest someone’s will.
It Is Often a Long Process
When you decide to contest a family member’s will, the process might take some time, but if you are successful in the end, it will be worth it. Many of the lawyers that help with these cases will not charge a fee unless you win your case, and most of them will not take your case if they feel the case cannot be won. This and many other reasons is why contacting a lawyer who specialises in wills is so important. These lawyers have the experience and knowledge to work with all types of wills, so whether you are seeking a few thousand dollars or tens of thousands of dollars, they are there to help you through the process.
Very often, people seeking to contest a will are biological relatives of the deceased or even foster children, and many times these situations can be a bit challenging, but a good attorney will let you know what is going on at all times and will help you every step of the way. This means that, regardless of what happens, you can rest assured that the attorney you work with is doing his or her best to produce the results you wanted.