Finding out you’ve been left out of a loved one’s will can feel like a punch to the gut. You might feel hurt, confused or even angry. But remember, you’re not alone. Many people face this situation and wonder what steps to take next.
This short blog post aims to help you learn and understand your options and make informed decisions. Whether you want to contest the will or explore other legal avenues, we’re here to help you get through this challenging time.
How can you contest a will?
You might contest the will if you find yourself left out and suspect something is amiss. This process involves challenging the will’s validity, potentially leading to its invalidation.
If successful, the state may have to distribute the assets following the intestate succession laws, which may allow you to inherit. There are specific grounds on which you can base your contest:
- Lack of testamentary capacity
- Fraud
- Duress or undue influence
- Improper execution of the will
Before proceeding, it’s crucial to weigh a few considerations. First, you are responsible for proving that the will does not reflect your loved one’s true intentions. Before taking the plunge, you must assess the strength of your evidence and arguments.
Ask yourself: Will the potential benefits of a successful challenge outweigh the substantial legal expenses involved? Furthermore, the dispute could lead to irreparable damage to your relationships with other family members, causing long-term emotional and psychological distress. A thoughtful evaluation of these factors is crucial to making an informed decision.
Finding a resolution
Contesting a will can be a stressful task, involving complex emotional and legal issues. However, taking the time to understand your options is a crucial first step toward finding a resolution.
Whether you contest the will or explore alternative paths, it’s important to act with care and consideration. Seeking expert legal advice will empower you to make informed decisions that protect your interests.