A will is a person’s last demands about the distribution of their property and net worth and their recipients. It is a legal document honoured by any court and all parties involved. If you’re doubting the last testament, you can officially file a contest against it. With the help of will dispute lawyers, you can take your complaint to court to void out the clauses stated in the document.
Before filing your legal dispute, you need to examine the basics of contesting a will and if you have the chance of winning this battle you are about to enter.
There are certain factors that you have to meet to move forward in this legal process.
Grounds to Contest
You need to have actual grounds to dispute a decedent’s will. There are at least four acceptable reasons for your contest to be acceptable to the court.
- The last will and testament was not signed or does not include valid legal formalities. Will dispute lawyers in Liverpool can cross check the document for verification.
- The person tendering the will was not on proper mental condition to come up with such decision stated in the document.
- The decedent was coerced into writing the clauses stated and signing the document.
- The document itself is inauthentic, illegal, or fraudulent.
If you believe that the last will you want to contest stands on one of these grounds, find will dispute lawyers Liverpool has now to plan your move. This lawsuit should be accompanied by corresponding pieces of evidence to back your claim. A hard proof of your ground/s will give you a higher chance of winning your contest.
Are You in the Right Position
The next thing you need to consider is if you are in the position to file the dispute. You need to have the standing to be able to qualify as a rightful claimant. Having a standing means you are directly affected by the statements on the will. Check Blunden and Montgomery for more details.
You should be listed as a fiduciary or beneficiary from an altered last testament. In cases where the decedent didn’t leave a will and you’re considered as an intestate heir, you also can consult will dispute lawyers Liverpool has these days for your case.
Are You Within the Time Period
A dispute case can only be filed within a specific period from the time of death to the limit set. This time limit can be between the range of weeks to years. The rule is implemented to protect the parties in the will. Should no one file any dispute against the testament within the limited time, the properties will be distributed to the official recipient.
If you are planning to file a motion, you need to start as soon as possible. Contact will dispute lawyers from trusted firms sooner such as those in Blunden & Montgomery for the case to roll out within the acceptable time period.
Review the factors above when considering contesting a will left by a decedent. Find reputable will dispute lawyers to work on your case and increase your chance of winning the dispute.