Losing a loved one is never easy, and there may be complications with dealing with their will. If you feel like the will is not fair or equitable to you and your loved ones, you may be able to contest it. But how easy is it to contest a will in this situation?
Who Can Contest?
First of all, it is important to understand that not everyone can contest a will. Only certain people are allowed to contest a will, and these include the spouse or partner, the children and in some cases, the dependants of the deceased. If you are unsure if you are eligible to contest the will, it is best to speak to a lawyer.
What Reasons Will They Need?
Next, you need to have a valid reason for contesting the will. For example, were they of sound mind when they made the will? Did someone coerce them into making the will? It is also important to remember that simply not being included in the will is not a valid reason to contest it.
What's the Best Approach?
Once you have determined that you are eligible to contest the will and have valid reasons for doing so, you should seek legal advice. It is important to find a lawyer who is experienced in will disputes and who will be able to advise you on the best course of action.
Does Mediation Work?
The next step is to attempt mediation. Mediation is a process where the parties involved in the dispute meet together with a mediator, who is a neutral third party. The mediator helps the parties reach a resolution that is acceptable to everyone. If mediation is successful, the dispute can be resolved quickly and without the need for legal proceedings.
What about Legal Proceedings?
If mediation does not work, the next step is to start legal proceedings. This can be a long and complex process and can be costly, so it is essential to make sure you have a strong case before going down this path. If you are considering legal proceedings, it is important to discuss the likely costs with your lawyer.
What to Do Next
Contesting a will is not an easy process, but it is possible if you have valid reasons for doing so and have sought legal advice. Trying mediation should always be the first step, as legal proceedings can be time-consuming and expensive. Remember that if you feel that the will is unjust or unfair, you have the right to contest it. Speak to a lawyer to get advice on your specific situation and to find out what your options are. Contact a lawyer near you to learn more about deceased estates and how to manage them.