The loss of a loved one can be one of the most devastating things you will ever experience. And, unfortunately, along with the grieving process, you may have to deal with an estate or will. You’ll likely have many questions and need some help to make sense of things. One of the main inquiries you might have is what to do if the will isn’t right or fair. In some cases, there is nothing you can do, however, you have a right to find out. Here are some tips for navigating a will dispute.
Navigating A Will Dispute #1: Hire an Attorney
Hiring an attorney is smart if you have a conflict with other family members or feel you’ve been wronged in some way. Work with a firm that specializes in estates and probate such as the-inheritance-experts.co.uk. They’ll be transparent about what rights you do and don’t have and make recommendations for proceeding. This is one situation you may not want to tackle on your own because of all the laws involved.
Navigating A Will Dispute #2: Determine if You’re an Interested Person
The law states that only certain persons can challenge a will, so you need to first determine your legal rights. In fact, you need to fall into one of the following main categories to even be eligible to challenge a will: beneficiaries of a prior will, beneficiaries of a subsequent will, and intestate heirs. For instance, you can’t dispute your cousin’s will just because you feel it’s unfair or you don’t like the circumstances.
Navigating A Will Dispute #3: Establish Your Grounds
You can dispute a will if you’re an interested person and you also have proper grounds for doing so. This means you have to have a valid and legal reason to dispute a will and facts to back up your claim. For example, fraudulent or forced wills, lack of valid execution and lack of testamentary capacity to name a few. This is where a lawyer comes in handy. He or she can help you to decide if you even have a compelling case, and if it’s worth your time and energy to dispute a will.
Navigating A Will Dispute #4: Count Your Cost Before You Proceed
You’ll be able to dispute a will if you’re willing to get out your checkbook and fully invest in the process. There are going to likely be lawyer and other fees you’ll need to be prepared to pay up front. Also, it’s going to be an emotional ride so you’ll want to make sure you’re fully prepared to mentally handle what you’re about to embark on. It can get pretty ugly and even divide family and friends.
You should now have a better idea about how to navigate a will dispute. Make sure you can confidently state yes to these bullet points before proceeding. While the road may be bumpy at times, it’ll be well worth it if you can successfully execute the process.