Important Points of Contest a Will – Acquire General Guide

A will is designed to divide the property and assets of the deceased. Accordingly, a will that is properly executed and that was created when the person was in her right mind and without undue influence is legally binding.

There are times when the will is challenged in court. Challenging a willcannot be done just because someone is not satisfied with the content and believes that the property should have been divided in several ways. It can only be challenged if the challenger has they have good reason to challenge will , and follows proper procedures for challenging will.

Standing to Contest a Will
In order to contest will a person must have a standing. This means that a person must have a financial interest in the outcome. The financial interest does not to be money. It may also be movable or immovable property. People with above include those who could benefit through the laws of intestacy if there was no will or a designated beneficiary in the will. So, a child who is excluded from a jurisdiction would have to contest a will, a friend who is named in the will, but have no rights under the laws of intestacy.

Reasons to Contest a Will
Family member or beneficiary, who wishes to contest the will to do so for a good cause, such as:

The mental capacity: The individual contesting a will can be argued that the person lacked the mental capacity to understand what he or she did when the document was prepared. In other words, the person will not be sane. It is a difficult argument to make because the need for mental capacity is not very difficult to answer.

Fraud or Coercion: the person contesting a will may argue that the will was not properly executed.For example, it can be argued that the will lacked the requisite number of witnesses and that it was not notarized.

Execution of the Will: The person contesting a will may argue that the will was not properly executed.For example, it can be argued that the will lacked the requisite number of witnesses and that it was not notarized.

Procedures for Contesting a Will

If you have a valid reason for the state and a will contested, you must submit documentation to the jurisdiction of the Probate Court, where it was signed for approval. Different countries have different statutes of limitations regarding contesting a will. It is often a very short time, because there is interest in the property to resolve quickly. Probate Court cannot tell you how long to complain. It is important not to notice the dispute, which is as soon as possible, so that it can be controlled, the property can be distributed and legal affairs of the deceased can be finalized. It is often important to consult with legal estate Probate solicitors, if you decide to contest it. The court may decide that it is valid, written, or as a whole is flawed, or that only a portion will not be accepted. A qualified Probate solicitor can help you navigate the probate justice and fair solutions.