Filing for a Will Dispute
The will is a legal document that is used by the authorities in the event of someone’s passing to determine how their wealth would be distributed. Every educated person should think about writing their will before their death if they don’t want their children fighting over who would get possession of their estate after their passing. As a prudent individual, you have to think about how your family will survive after your passing. Therefore, it’s important that you write a will. In most cases, the courts do not allow anyone to contest the will, especially if the claim is frivolous.
However, there are certain circumstances where a will dispute might be eligible. Here are some common examples where a will dispute can be filed:
- If the assets of the deceased are distributed unfairly
- If there are problems with the Executor of the Estate, including the Executor’s failure to apply for probate, or a failure to distribute the assets between the beneficiaries as described in the will agreement
- If the instructions in the original will document are ambiguous or are not written down clearly, especially related to the gifts to be left behind to the beneficiaries
- Doubts over the deceased’s testamentary capacity when writing the will (the circumstances surrounding the will agreement will be assessed in this case
- Doubts as to whether the deceased was unduly influenced or coerced at the time when they were writing the will agreement.
If any of these circumstances are present, you have the option of filing a will dispute. However, the process of filing will disputes is not as simple as you might think. There are a variety of different things that you need to take into account before you file a dispute. Important issues that must be taken into consideration are highlighted in the following paragraphs.
Consult With Your Lawyer
If you have proof regarding the unfair distribution of the assets, you have to approach an attorney first. You can approach specialised probate lawyers who can assist you in filing the claim. You have to make sure that you consult with your lawyer in detail, as they will give you a better idea about whether the case will hold up in court or not. If you want to improve your chances of a positive outcome, it’s vitally important that you approach an experienced attorney to handle the case.
Filing the Dispute
Keep in mind that by filing the dispute, you are going to attract the wrath of other family members who were mentioned in the will agreement. You need to discuss the case in detail with your lawyer, as they will be able to guide you about the different steps that you should take to protect yourself while the case is ongoing. It’s important that you don’t discuss this with others who are mentioned in the agreement and ensure that all correspondence goes directly through your lawyer. These are a few things that you should know about filing a dispute regarding a will.