When a will is in doubt, the grief of a loss can soon turn into a legal issue. A family member may claim that the will is not valid, was made under force, or does not show the true wish of the deceased. In such a case, defending a contested will needs more than a firm view of what feels fair. It needs proof, good notes, and a clear legal plan.
In this article, we will discuss in detail some key things families need to know about defending a contested will.
1. The Valid Legal Grounds for the Challenge
Not all will issues have a valid legal basis. A court will not set a will aside just due to a family member who feels they got less than they had hoped. So the key task is to work out what the claim is based on. A will may be put in doubt if there is proof of a flaw in how it was made or signed. Some key reasons can be:
- The will was not made in the right form.
- The deceased did not know about the will.
- The deceased had a lack of ability to make the will.
- The will was made by fraud.
- A third party put the deceased under pressure to make the will.
- The will was not signed as the law says.
However, remember that the aim is not to prove that the will does not feel right. Your goal should be to test if the will is valid and according to the law.
2. The Power of Solicitor’s Notes
A solicitor’s note can be one of the most vital pieces of proof. If a law firm made the will, its notes may show why the will was set in that form. This can be very helpful when the claim is that the deceased did not know what they were doing.
For a law firm, the notes may also show what checks were made. Did the lawyer speak to the deceased on their own? Did they ask why a close family member was left out? Did the deceased seem to know the value of what they had? These are not small points. They may help show how the will was made.
3. Settling Out of Court
Your case does not always need to end with a full court hearing. In fact, a deal may be the best solution if both sides can reach fair terms. Court can take a lot of time and cost a lot of cash. It can also cause more stress for family members who are still in grief. However, a deal may take a few forms. One side may agree to a cash sum. Moreover, an item or home may be shared in a new way. One heir may keep the home while the rest get a set sum. But before you agree, you must ask what the deal actually offers.
A deal should be put in a clear legal form. You should not rely on a chat, call, or note from a family member as proof that the conflict is over. However, in case the deal fails, that does not mean a court case is the only next move. Your lawyer may look at other ways to help both sides find a fair end.
Looking Ahead
When it comes to defending a contested will, it can split families at a time when they need each other most. That is why facts must come first. You should have each important file. Also, do not alter or hide old notes. Furthermore, never post your views on a public site. The best approach is to let your lawyer deal with the legal case in a calm and set way.
Legal Disclaimer:
This blog is for providing information only. It is not legal help and must not be used in place of advice from a trained lawyer. If you are defending a contested will, it is wise to seek help from a lawyer who can review the facts and give advice that best fits your case.