Losing a loved one is never an easy time, especially considering the amount of arrangements that need to be made quite quickly afterwards, from the funeral to the reading of the Will. This time can be made even more difficult if issues with the Will arise.
If you don’t agree with the Will, or feel it is unfair in some way, then you may have a right to contest it. This is a very delicate situation, and must be handled in the right way. Before you go ahead and decide to contest, there are a few things you need to consider.
When a relative or close friend has died, emotions are running high, and as a result you may not always be thinking logically. Your initial reaction to the Will may not always be right, so it’s important that you don’t make any snap decisions.
If you think you have a case you made need a good solicitor.
Image source: http://farm8.staticflickr.com/7001/6680581711_96f75cea37.jpg
After hearing the Will you may not agree with it, but you should take some time to think through whether or not you want any further steps to be taken. Remember that there are other people involved who are still alive, and you don’t want to cause any unneeded heartache at what is already a difficult time.
One of the most important questions to ask yourself when considering whether or not to contest a Will is: ‘is this what they wanted?’ You have to remember that the deceased did write their Will personally and made the decisions about how their possessions are shared themselves. In respect for their wishes, you may not want to contest the Will even if you are unhappy about its contents.
On the other hand, if a Will was recently changed prior to their death, and the deceased had any illnesses then you could have a good reason to contest. If you believe the individual may have been coerced to change their Will, then you may also have a good reason to contest.
Being confident that you have a good case is extremely important. Contesting a Will can be a lengthy process that isn’t cheap, so if you’re not sure that it will be worth it then it’s probably not worth going ahead with.
Seeking professional advice is a good idea, visit http://www.tollers.co.uk/page/contesting-challenging-will for some ideas on how to approach legal support. It will allow you to discuss your reasons and they will be able to advise you whether or not they think it is a winnable case.
If you are a spouse, family member (by blood or adoption) or were reliant upon the deceased then you will be able to contest the Will. If you do not fall into this category then it is recommended that you seek professional advice, as they will be able to tell you whether or not you are eligible to contest.
You must be able to prove your relation to the deceased. This is usually quite easy for a spouse or child, but if you are adopted you may need to find your adoption certificate as proof.
Make sure you can afford it before you start what could be an expensive procedure.
Image source: http://farm7.staticflickr.com/6094/6309029591_1430cd248d.jpg
Another important factor to consider before contesting a Will is whether or not you have a solicitor. In order to proceed with a case you will need legal representation, preferably someone who has extensive experience in this area, as that way you are more likely to succeed.
Finally, it always comes down to money. If you want to contest a Will you will be responsible not only for your solicitor's fees, which vary depending on the firm, but you may also have to pay the court costs.
As well as being financially expensive, you’ll be expended emotionally and in your time. It can be a very tiring process, and could make you lose money because of taking time off work to sort it out.
There are many factors to consider before going ahead and contesting a Will. It can be a very difficult time, and each case is completely unique. These few pointers could be essential in helping you decide whether or not to contest a Will.
Image credits: Frederick MD publicity and European University Institute
If you don’t agree with the Will, or feel it is unfair in some way, then you may have a right to contest it. This is a very delicate situation, and must be handled in the right way. Before you go ahead and decide to contest, there are a few things you need to consider.
Give It Time
When a relative or close friend has died, emotions are running high, and as a result you may not always be thinking logically. Your initial reaction to the Will may not always be right, so it’s important that you don’t make any snap decisions.
If you think you have a case you made need a good solicitor.
Image source: http://farm8.staticflickr.com/7001/6680581711_96f75cea37.jpg
After hearing the Will you may not agree with it, but you should take some time to think through whether or not you want any further steps to be taken. Remember that there are other people involved who are still alive, and you don’t want to cause any unneeded heartache at what is already a difficult time.
Is This What They Wanted?
One of the most important questions to ask yourself when considering whether or not to contest a Will is: ‘is this what they wanted?’ You have to remember that the deceased did write their Will personally and made the decisions about how their possessions are shared themselves. In respect for their wishes, you may not want to contest the Will even if you are unhappy about its contents.
On the other hand, if a Will was recently changed prior to their death, and the deceased had any illnesses then you could have a good reason to contest. If you believe the individual may have been coerced to change their Will, then you may also have a good reason to contest.
Are You Confident You Have a Case?
Being confident that you have a good case is extremely important. Contesting a Will can be a lengthy process that isn’t cheap, so if you’re not sure that it will be worth it then it’s probably not worth going ahead with.
Seeking professional advice is a good idea, visit http://www.tollers.co.uk/page/contesting-challenging-will for some ideas on how to approach legal support. It will allow you to discuss your reasons and they will be able to advise you whether or not they think it is a winnable case.
Are You Eligible To Contest and Can You Prove It?
If you are a spouse, family member (by blood or adoption) or were reliant upon the deceased then you will be able to contest the Will. If you do not fall into this category then it is recommended that you seek professional advice, as they will be able to tell you whether or not you are eligible to contest.
You must be able to prove your relation to the deceased. This is usually quite easy for a spouse or child, but if you are adopted you may need to find your adoption certificate as proof.
Make sure you can afford it before you start what could be an expensive procedure.
Image source: http://farm7.staticflickr.com/6094/6309029591_1430cd248d.jpg
Do You Have a Solicitor?
Another important factor to consider before contesting a Will is whether or not you have a solicitor. In order to proceed with a case you will need legal representation, preferably someone who has extensive experience in this area, as that way you are more likely to succeed.
Can You Afford It?
Finally, it always comes down to money. If you want to contest a Will you will be responsible not only for your solicitor's fees, which vary depending on the firm, but you may also have to pay the court costs.
As well as being financially expensive, you’ll be expended emotionally and in your time. It can be a very tiring process, and could make you lose money because of taking time off work to sort it out.
There are many factors to consider before going ahead and contesting a Will. It can be a very difficult time, and each case is completely unique. These few pointers could be essential in helping you decide whether or not to contest a Will.
Image credits: Frederick MD publicity and European University Institute