Will disputes could be handled outside the court, so not every dispute must involve courts and will dispute lawyers. Some are rather handled informally. However, if the dispute lingers on, goes headway, or becomes increasingly threatening, it’s high time you involve this special class of lawyers.
We know how losing a loved one could be a hellish experience. How much more when disputes about their final wishes are beginning to sprout. Then comes emotional vulnerability and trauma. It’s not something anyone would wish for. Before you seek any expert legal advice from will dispute lawyers, we hope to explain the basics to you.
What is a will?
Also known as a testament, this is a legal document that offers direction about how property and assets are to be distributed after the testator’s death. Most people don’t know that you must not be necessarily rich before you have a testament in your name. Plus, it’s never too late to start the process.
What is a disputed testament?
As the name implies, it’s a testament with controversies surrounding it. Controversies such as the testator were coerced into making it before they died, the testament is a fraud, the testator did not approve the document before their death, etc. This is what qualifies a document to be termed “disputed” before it could be contested by will dispute lawyers.
Involving will dispute lawyers—The process
To contest a testament, sometimes, you may demonstrate a financial need and show that the provision allocated to you reading the document is not adequate to meet that need. Once this and other factors are determined, will dispute lawyers can now contest the document on your behalf. They must have enough info on the circumstances surrounding how the testament was written. That explains why it’s good you pick one with a proven track record. You could find some online; they are usually teams of will dispute lawyers.
Your will dispute lawyer can then provide legal advice before proceeding to file contest. Think of it as one of those pep talks before a major game. However, don’t be deceived; it’s a lot deeper than that. For testators, the best way to avoid disputes after your death is to draft an estate plan. It helps in lowering the risk of disputes.
Facts about contesting a testament
- First fact: It’s completely normal to contest a document. Don’t ever feel bad. Yes, you loved the person when they were alive, but what if you’re being cheated by other beneficiaries?
- It’s going to cost you a fortune: Be sure of that. This is true, especially if you’re hiring one with a proven track record and reputation. Secondly, most will dispute lawyers won’t accept contingency fees. The reason is that there are a lot of risks attached to it and whatnot.
- Be prepared for what is ahead of you. Rest assured that this is one of the toughest legal battles you’d have involved yourself in. There would be back and forth arguments, lies, etc.
Finally, will dispute lawyers usually advise clients against going to court if their case is a weak one. To be honest with you, whatever the case may be, be prepared; it’s going to be a long strenuous ride ahead!
