Will contest cases

Is it possible to contest the will? Can I contest a will without an attorney? Can a deceased person contest a will? Set out below are cases we have recently settled. In short, yes: someone can definitely contest a will on behalf of another party.

This is the case primarily when you’re contesting on behalf of either a minor or those who are simply unable to contest it themselves. To avoid frau the parties acting as guardians cannot be exerting undue influence. Normally, under the terms of the will the estate would be divided between the persons named.

It costs a fortune to contest a Will in the UK, there is no legal aid for it. They will not do it. Will contest cases are brought by a person or people who believe that they have been wronged by an invalid will. This is a brief case study of a contested will claim we recently defended which illustrates of the sort of work we undertake on a day-to-day basis on behalf of defendants facing an inheritance claim.

We resolutely defended this contested will claim all the way to trial. In legal terms, only a person or entity, such as a bank or charity, that has standing can contest a will. In the context of a will contest , standing means that the party involved in the lawsuit will be personally affected by the outcome of the case. So if partners, spouses or children feel they have been cut out unfairly, it is possible to contest the Will – although bear in mind the process can be difficult, costly and time-consuming. Anyone who has a beneficial interest, or potential beneficial interest in the deceased’s estate, can contest a Will if they believe they have a valid claim.

Whilst there are many probate solicitors, there are few firms that genuinely specialise in handling contested probate cases, we are one of them. We have experienced team members and lawyers that are experienced in both litigation as well as probate an wills and trust related matters. Having a solicitor just experienced in wills isn’t enough. In will dispute or will contest claims, he or she is usually a legal professional (most often a Barrister with experience in the will dispute field), who is paid by each side to act as an independent facilitator. Disputes over wills: Will Fraud.

Sadly we are seeing more cases of wills that have a fraudulent element, and are presently acting in several cases in cases in which the wills are alleged to have been forged. When hearing a case the Court will usually follow previous similar decisions. If anything, inheritance claims can be more expensive than other forms of litigation due to the nature of the claim and the amount of work and investigation involved. In the case of an application by a spouse or civil partner, the court will also have regard to the age of the applicant and the duration of the marriage or civil partnership, and the contribution made by the applicant to the welfare of the family of the deceased. In other cases someone may unexpectedly leave the majority of his estate to a charity or other cause at the expense of family members.

However, if necessary you may need to take the matter to court for a ruling. In some cases the burden of proof is actually be reversed especially where the person concerned is a carer. Another common reason for disputes. Where a Will is made “under duress” it means that the person was effectively forced to make it under threat of some sort – real or perceived. Contest a Will by Alleging Duress.

If not, they enter into a Caveat to prevent one being taken out. While you can contest a will on your own, the majority of inheritance disputes are settled in favor of the individual who drafted the will. Your chances won’t get better without an attorney.

Anyone who wants to revise a will after the author's death must attempt to establish one of the following four legal grounds: Undue influence. What you need to contest. One of the most commonly argued reasons for a will contest is that the testator (person signing the will ) did not have testamentary capacity, sometimes called mental capacity.

Testamentary capacity does not mean your parent was 1 mentally together. While the most common grievance is that such wills are unfair, there has also been a surge in documents being contested because of alleged mistakes, or the fact that the person making the will. In most states the standard is a bit lower.