What to Do If you Feel you Have Been Treated Unfairly in a Loved One’s Will

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When a person dies, their estate is distributed according to their Last Will & Testament, or in the event that person did not make a will, the estate is distributed according to the Rules of Intestacy, These ancient British laws are very rigid and it is often the case that a family member – perhaps a partner or child – is not looked upon favourably, and as any experienced wills & probate lawyer would confirm, it is essential to make your last wishes clear, in the form of a legally binding document we call a will. Even when the person does leave specific instructions on how their estate is to be distributed, there are still family members who feel, for one reason or another, they were treated unfairly in a family member’s will.

Contesting a Will

There could be many reasons for wishing to dispute the contents of a person’s will, and the first thing to do is sit down and talk to a wills & probate lawyer, and if you search online, this will give you a list of will dispute solicitors in your area, and you can make an appointment. Most law firms will give a free introductory session, during which the legal expert would evaluate your circumstances, and with their professional opinion, you can make an informed decision.

Probate Court

This is a special court that hears cases where there is a conflict over the distribution of a deceased person’s estate, and if you wanted to contest a family member’s will, it is important to first consult an experienced probate lawyer, who would review your situation and give you a professional opinion on the likely outcome, should you decide to take action.

Grounds for Disputing a Will

There are several reasons why a person might wish to contest the validity of a Last Will & Testament, which include “undue influence”, where a family member might have encouraged the person to amend their will, or it could be that a family member feels the deceased person’s cognitive abilities were adequate, which is referred to as “mental incapacity”.  A family member might also be unhappy regarding the executor’s implementation of a will, which can also be grounds for dispute, and if a person wishes to contest a will, they should first seek legal advice from an experienced probate lawyer, and if you are at all unsure how to make contact with such a person, all it takes is a Google search.

The Benefits of Professional Advice

While a person might feel they have just cause to dispute a will, the laws of the land might see things otherwise, and in order to have an accurate assessment of your case, it is recommended that you first consult an experienced probate lawyer, who can review the circumstances, and should they feel you have adequate grounds to dispute the will, they would be only too happy to act on your behalf.

By seeking out the help of an experienced wills & probate lawyer, you can have a free, professional assessment of your particular circumstances and can therefore take the most appropriate action.