Three Things to Expect When Contesting a Will

Law Blog

Imagine losing a loved one, and before you get over the grief, you find out that you have been left out of their will. While nobody wants to find themselves in such a situation, you should not rule it out completely. The reason is that contesting wills is quite common, especially in families that have big estates and many members. The good news is that will contesting is legal, and everyone has a right to disagree with the document's contents. Therefore, when you have no option but to contest a deceased loved one's will, you must know what you should expect. This post highlights three things to expect when contesting a will.

Get a Wills Lawyer

Never imagine you can contest a will by yourself because you will likely not get the outcome you expect or deserve. Will and estate law is a complex field, and proving most of the details in a will contest case is challenging. Notably, a lawyer specialising in wills and estates will understand the field better and ensure you have a better chance of winning a case. First, however, you must find a lawyer who meets your specifications. In this regard, you need to consider legal fees, experience, specialty, and personality.

Prepare for Quick Decisions

Once you hire a lawyer, things tend to proceed pretty fast, and both of you need to make quick decisions. The reason is that you could be contesting a will against heirs and dependents within a short period. Going against such a combined force can prove challenging, which is why an experienced lawyer needs to act and make quick decisions. For instance, your lawyer needs to send a letter to the defendants' representative requesting pertinent information. The objective is to file a suit and develop a winning strategy within a limited period so that the court can amend the contents of a will.

Most Contested Wills End with Settlements 

Contesting a will can be costly, especially if the estate in question is worth a lot. Such cases are usually handled by experienced lawyers who understand that contesting a will can take time. Notably, a lawyer looks at the facts of a case and considers its strengths and weaknesses. In most cases, the involved parties agree to settle and end the litigation to avoid prolonging the case during an emotional period. However, it does not mean that a lawyer should settle a will contesting case if you have compelling evidence.

For more information about contested wills, contact a local service.


24 November 2021

Break In: Everyday Legal Matters You Should Know About

My name is Jeanette Kennan. I have been a high school legal studies teacher for many years. As such, I am fascinated by legal cases I come across in the media. Family and friends often consult me about minor matters related to the law and although no expert, I can often point them in the right direction. It occurred to me that there may be other people out there who are not aware of basic legal issues. After all, you probably don't think about legal matters related to death, accidents or crimes until you find yourself in a crisis situation. This blog is designed to give you some introductory information about a range of legal topics. Hopefully, it will help you to be prepared and informed should a legal concern arise. I really appreciate you breaking in to my humble little site. Please enjoy.