When contesting a will, there should be legal grounds involved. That being said, will disputes may involve the following legal issues: The will is not signed or based according to the applicable laws of the state, the party who signed lacked testamentary capacity to sign the will, the so called testator was unduly influenced or forced to sign, and lastly, there is fraud. These are the common reasons people file or challenge a will. In this post, we’ll discuss the red flags in terms of checking the validity of a will. Here’s when you should consider contesting a will:
You can contest a will when there are multiple concerns. Contesting wills may start off as a passing thought whenever it isn’t properly executed or if there is strong proof of tampering. Another is when the will wasn’t updated or wasn’t the last one approved by the deceased. It’s also possible for the maker to get influenced, tricked or forced into creating a will because their safety (or the safety of their family) is at stake. Sometimes provisions weren’t properly supplied. Other times, the person who creates the will lacks the mental capacity to fully understand what is going on. That is why you need to be aware and be educated in these matters.
You can contest when the meaning of the will is unclear. Will disputes can be made if it isn’t written in a language that people understand or if it isn’t clear and accurate. Normally, the court wouldn’t interfere with the last requests of a deceased. However, if the will needs elucidation in order that the wishes of the deceased may be granted, the court will take necessary actions to clarify the exact requests in the will. This means that the foremost concern of the court isn’t to grant favour to any party but rather to ensure that there is no misunderstanding as to the accomplishment of the will.
You can contest if and when you aren’t listed as a beneficiary. Contesting wills may be the resort of people or family members that aren’t listed as beneficiaries. While they can and have a right to challenge the will of the deceased, keep in mind that the maker of the will has the last say of how and to whom they decide to give away their assets. If you are the spouse of the deceased, a child or grandchild, a dependent, or a de facto partner, you can apply for a portion of the property. Nevertheless, you need to wait for the procedure and respect the court decision on this matter.
Will disputes are not a spur-of-the-moment type of decision. Before challenging the will of the deceased, make sure you seek legal counsel. Seek help with experts, such as PK Simpson. We have been practising law for years and we make it a point to accept cases with viable grounds. We know how to handle contesting wills, insurance disputes, medical malpractices, public and private injuries, traffic accidents, and others. Give us a call today on 02 9299 1424 to learn more about our services.
PK Simpson – Sydney
11/162 Goulburn St, Surry Hills NSW 2010
(02) 9299 1424
PK Simpson Compensation Lawyers – Wollongong
1/1 Burelli St, Wollongong NSW 2500
(02) 9299 1424
PK Simpson & Co – Liverpool
2/215-219 George St, Liverpool NSW 2170
(02) 9262 4497
P.K Simpson – Parramatta
2/70 Macquarie St, Parramatta NSW 2150
(02) 9299 1424