Addressing the most common contesting wills questions
Published 29 Oct 2013
Contestings wills can be a difficult process that can cause rifts between families that may never heal.
The best way to make your contesting wills case as smooth and effective as possible is to understand as much about the process as you can before going into it. The most common reason for inheritance disputes occurs when relatives of a deceased family member do not believe they received the appropriate amount of an estate.
However, federal law says that such a will can be contested. In the event that a will wasn’t drafted, these laws will also help distribute the estate of the deceased.
One of the most common questions regarding this is when the court can interfere with the way a person writes his or her will. In most cases, the Supreme Court will not have any involvements in how a person leaves property in a will.
However, there are circumstances in which the Supreme Court can step in if it decides the established will does not “properly look after the needs of a person the deceased had a duty to provide for.”
Getting in touch with a contesting wills lawyer
The government insists that in order to apply for a redistribution of an estate, you will need to have a contesting wills lawyer. This will be crucial for proving you had a relationship with the deceased.
Partnering with a trusted lawyer will also help you show why you believe you deserve a share – or a larger portion – of an estate, and why the written will is wrong in not giving you the desired amount.
Many people also often wonder when the best time to apply is. The government states that all claims must be made within six months of the grant of probate of the will. If there is no will, the application must be filed within six months of the grant of letters of administration.
Other questions typically involve what, exactly, the court looks at to make a judgment in an inheritance dispute case. Some of the most common considerations include how any changes to the will could affect others named in the document, any properties listed in the will, the ages of surviving dependents and the nature of the relationship to the deceased.