The death of a loved one often brings about several issues when it comes to estate distribution. Firstly, his or her last will and testament must be carried out by the executor of will to properly distribute his estate and ensure that beneficiaries and creditors who have pending loans and contracts with the deceased are all given what they are due. The best-case scenario would be when a will is valid and carried out seamlessly. However, there will be cases in which a will is contested by family members and beneficiaries or challenged by those who believe that the will is invalid. Note that there is a difference between contesting and challenging a will. Contesting a will is done by an individual who believes he or she has been unfairly left out of a will. Challenging a will is done by an individual or individuals when they believe that the will is invalid and was written under the circumstances of fraud, forgery, and undue influence. If you are an individual who wishes to contest a will, you might be wondering about how to contest a will and is it possible to contest a will without a lawyer?
Contesting a Will Without a Lawyer
If you are new to estate laws and will contesting, it’s most likely that you have limited knowledge on how to contest a will. Thankfully, there are estate lawyers who specialise in assisting clients through estate disputes and mediations. There are several benefits to enlisting the help of an estate lawyer to aid you throughout the dispute process. More often than not, you will have a difficult time contesting a will without a lawyer because the process requires substantial knowledge about local estate laws and processes. Here are some of the benefits of having an estate lawyer to consult throughout the entire will contesting process.
Estate lawyers assist in gathering information and documentation to support your claim.
If you are a claimant who believes you’ve been wrongfully left out of a will but do not know much about how to contest a will, it is highly recommended that you seek legal counsel from estate lawyers, such as specialists at Hentys Lawyers. These estate lawyers not only have over 25 years of experience in handling estate dispute cases, they also operate on a “No Win No Fee” basis, ensuring you get a satisfactory result. Estate lawyers provide accurate and sound advice in formats that are easy to understand, because they know that clients are often not law professionals and are often unfamiliar with estate law processes. Estate lawyers work with claimants to gather information and documentation to support a claim before proceeding to present it to the executor.
Validates your eligibility as a claimant against the will.
Not all claimants are eligible to contest a will. You might now ask, who can contest a will? The most common individuals who can contest a will are spouses, children, siblings, or parents of the testator, as well as creditors of the deceased. According to The Balance, heirs-at-law are also eligible to contest a will. Heirs-at-law are those who would have received a portion of the estate if the deceased passed without writing a will. Also eligible to contest a will are those beneficiaries and fiduciaries who were named in a previous version of a will. Nevertheless, eligible claimants are burdened with the task of proving that the current will is invalid. This is where estate lawyers who specialise in such disputes will come in handy.
Provides proper advice on mediation procedures and facilitates such mediations.
As a claimant who is interested in contesting a will, one of the few questions you might have aside from how to contest a will is how much will it cost. Note that each estate dispute case is unique and that cases are subject to a court appointed mediation. Oftentimes, a dispute resolution is reached by both parties who are not interested in getting the court involved. At Hentys Lawyers, estate law specialists strive to avoid trial and come to a peaceful dispute resolution that satisfies both parties.
Helps you achieve success as a claimant against a will so both parties are satisfied.
Another benefit of seeking legal counsel from estate lawyers is that you they will be with you throughout the entire estate dispute process. From applying to contest a will within the proper time frame to ensuring that all requirements are met, estate lawyers can assist and guide you through every step. Estate law specialists at Hentys Lawyers are on hand to help you achieve your goals in contesting a will. Contesting a will without a lawyer is highly discouraged and may be forbidden in most states, therefore it is best to seek legal counsel with estate specialists who can provide knowledge and expertise to help you achieve the best results.