Contesting a will can be very difficult, stressful, and emotional. It’s not a process that anyone ever hopes to be involved in, but if you find yourself need to bring a challenge or disagreeing with someone who is contesting then it’s a great idea to seek the proper support and advice from will dispute lawyers.
Why would anyone contest?
People might contest for a variety of reasons; they may have been left out unfairly, have not received what they thought they would or there may been disagreements about the legitimacy of the will, they may for instance believe that the person didn’t have the mental capacity to understand the decisions they were making, or that the will may have been changed by another person. People may also contest on the basis that the document is not the most recent one or if they feel the executor isn’t doing the right thing. Will dispute lawyers can help with all of these concerns and can help provide the support and guidance required.
How are they contested?
Contesting is different depending on the state in which you live but generally, you’ll need to make an application to the courts – will dispute lawyers can help you with this. There are three main ways that they can be contested; firstly, things can be settled by agreement between you and the executor, you will dispute lawyers can help you make a deal and accept the offer of the executor – if you can’t reach an agreement you may need to go to court. Things may also need to be settled by mediation which will involve you and your will dispute lawyers working with a mediator who is neutral to come to an amicable agreement, this is how most issues are resolved when contesting. You may also need to court if an agreement can’t be reached, this will involve your will dispute lawyers going to court to present arguments on your behalf, the judge will make a decision based on the case presented to them.
When can you contest?
There are strict deadlines on contesting although it varies state to state generally you’ll have between six to twelve months after probate is granted to contest, although you may need to move much more quickly if you don’t believe the document is valid. If you’re considering contesting, then you should get in contact with will dispute lawyers as soon as possible.
Picking the right legal representation
Contesting can be a very emotionally draining process which is why it’s important to be represented by people with great expertise. Will dispute lawyers will make the process much smoother and less stressful. Look for legal expertise that specialise in the process as it can be complicated. An experienced team can make a big difference and save you a lot of money. Experienced legal professionals will be able to get the job done much more quickly and will be able to get you results in a timelier matter.
What to ask
Before you choose legal representation make sure you ask them plenty of questions and get a good idea of what kind of experience they have. It’s important to find the right fit for you and to find someone that you feel comfortable with. The process will be much less stressful with a legal representative that you trust in your corner. Sit down with them and tell them about your case and take the time to see how they interact with you and what they suggest when it comes to your case. Finding someone you’re comfortable with is very important.
