Many people choose to contest a will for a variety of reasons, not all hold much weight, and most don’t even make it to court. But, many cases are legitimate and require the help of a professional, experienced lawyer to help mediate between parties to help settle disputes and stop them from going to court. Challenging someone’s will is a sensitive matter, so you must ask yourself some important questions before you decide to contest.

Can I contest, or is it a waste of my time?

This is the most important question to ask yourself before you decide to contest a will, will disputes can be a very delicate area, a loved one has just passed away and you are deciding to challenge their last wishes. So, before you think about approaching a contesting wills lawyer, you should think long and hard about your decision. If you genuinely feel like you’ve been treated unfairly with the distribution of assets, then you must take steps towards hiring a lawyer who specialises in contesting wills.

If you are not eligible to contest a will, you’re just wasting your time and money on a claim which will be unsuccessful. Although you still have a chance of winning, if you are not an eligible individual your chances are seriously diminished. When the case goes to court, unless you have a really strong evidence to substantiate your claim, it will more than likely be dismissed by a judge.

Here is a list of people who are eligible to contest a will:

• Spouse – Whether current or previous of the deceased.
• Children – Children of the deceased, also includes kids who are not biological.
• Grandchildren – They are also eligible to contest in some cases.
• Dependents – Anyone who is deemed a dependent relative of the deceased.

Was the document biased or unfair?

Just because you feel like the will was unfair, doesn’t mean you have the right to contest it. The testator can distribute assets whatever way they see fit, so in a lot of circumstances, you might feel hard done by, but you won’t have a case if your claim goes to court. The best way of handling a dispute is to contact an experienced lawyer, they’ll be able to provide you with more information on the subject. They’ll also be able to tell you whether you have a legitimate case and whether you should take the matter further.

Main Reasons to Challenge a Will

If you think the testator was influenced by someone else when drawing up the will, or they weren’t mentally capable of making rational decisions, then you should think about contesting. Another reason to contest would be you feel that you have not been sufficiently provided for.

If you feel like you’ve been unfairly treated in relation to a will, you should approach a lawyer as soon as possible. The quicker you address the issue the easier it will be for all parties involved. It is better to resolve the issue using a legal representative as a mediator, instead of settling the dispute in court.