Unbeknownst to most people, a will is one of the most contested documents. This might strike some as odd because it is one of the most difficult cases to win. However, the death of the loved one is a stressful time, and feeling as if their wishes aren’t carried out may make loved ones feel as if they have to do whatever it takes to ensure the deceased loved one’s wishes are carried out as they would have wanted.
Reasons to Contest a Will
There are certain criteria that must be met in order to contest a will. Not just anyone can decide they want to contest a will. You must eligible to do so. Eligibility means that you must be listed as a beneficiary in the will. There is also a time limit set on when a contest can take place.
Contesting a will can happen for different reasons. One reason might be that the person wanting to contest the will may feel that the deceased was not in their right mind at the time. The rules for being in their right mind are specific to the time of creating the document. The creator must be lucid during the creation of a will, neither before the creation, nor after. Contesting on these grounds can be extremely hard to prove for obvious reasons.
Coercion by a caretaker or person close to the creator of the will is another reason a beneficiary might want to contest the will. It could be coercion through physical violence, manipulation, or a variety of other methods.
The reason wills are difficult to contest is that the purpose of a will is to be a person’s final wishes that cannot be deviated from. The person is not there to defend themselves or stand up for their wishes, so the will is supposed to do that for them. There is not a point to having a will if it can be altered easily to meet the wishes of the beneficiaries. A person wishing to contest a will needs the help of an attorney who is experienced in will contests and family law.
Services Provided by Attorneys
Experienced attorneys are happy to help with your case. Some law offices offer a 90 day complimentary trial of their services. This is advantageous in that you get to see how they operate and make sure that you and the attorney are a good match for each other. This is a no-obligation trial period. Some also offer a fixed fee arrangement, in which a fee is negotiated up front if the client receives full compensation, and if the client doesn’t win, there is no fee. The fee will be adjusted if the result is something other than originally discussed. The experts understand the difficult situation you are in and will do everything they can to make the process as hassle-free as possible. When it comes to a will contest, trust the experienced, licensed attorneys to work hard for your case.