Reasons For Contesting A Will

There may be a number of reasons why anyone would go through the process of contesting a will

. With the increasing value of estates nowadays people may feel that they have been hard done by. With the rate of divorce being so high, first families often feel that they are entitled to a share of the estate.

The first reason most people go ahead with this action is to ascertain the validity of the will. There are several issues related to the validity of this document. There could be disagreement about the legal requirements of the signature as well as the witnessing of the document. There may also be doubt that it was the deceased's last will.

The legal capacity of the person at the time of signature could be in question. Whether or not the person was of sound mind and of full understanding capacity when drafting the will could become a point of contention. Other instances would be if there was some evidence that the person was placed under unnecessary duress or if there was possible forgery involved.

There is an opportunity for persons who have links to the deceased who have not been granted enough financial provision from the deceased estate. They will be able to request provision should they have been a civil partner or a spouse. This is the case for former spouses or civil partners as well. There is one proviso regarding this and that is that they should not have remarried or not be in another civil partnership. If you are a child of the deceased person or any person who had been maintained either partially or fully by the deceased.

There are instances of disputes which arise between the beneficiaries of the estate and the executors. This is often the case where the executor is both a beneficiary as well as the executor. There may also be a case where there is proof of dishonesty or unreasonableness by the executor.

Claims of negligence could be made against the drafter or administrators of a will. This can be done if the will is poorly drawn up to the extent that the wishes of the deceased are difficult to understand. Also if there are contradictory clauses contained in it.

Financial investments into the estate could come under dispute. If, for example, there is a property involved and there are family members or friends who made a contribution to that property, there could be a problem. As there will normally not be any documentation to this type of transaction in a family situation, contesting of the will may have to take place to settle the matter.

contesting a will

by: Earlene May

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