Contesting A Will Guide And Information
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There may be a number of reasons why anyone would go through the process of contesting a will. With the increasing value of estates nowadays people may feel that they have been hard done by. With the rate of divorce being so high, first families often feel that they are entitled to a share of the estate.
One of the main prompts for this action is the validity of a deceased's will. The reasons for this will include whether the will was signed and witnessed by the correct persons and officials. There may be doubt as to whether it was indeed the person's last will.
Another point in question could be if the person had legal capacity when the will was drafted. A factor to consider would be if the deceased was of sound mind and understanding when the will was drawn up. Other points that will be considered will include whether there is evidence of forgery or fraud or if undue influence was placed on the person.
Persons who were linked to the deceased have the opportunity to contest if they feel that they have not been adequately provided for financially. If you are married or are a civil partner, you will be able to seek adequate provision. The same applies if you are a previous spouse or civil partner. If you are a child of the deceased or any person who was financially provided for by the deceased, you could also make a claim.
There are instances of disputes which arise between the beneficiaries of the estate and the executors. This is often the case where the executor is both a beneficiary as well as the executor. There may also be a case where there is proof of dishonesty or unreasonableness by the executor.
Claims of negligent actions by the administrators or the drafter of the will could also cause dispute of it. This may happen in the event that the drafting of the will was poorly done to the degree where it is very difficult for the will to be understood. This is also the case if there are inconsistent clauses that are contained in it.
Equity injections into assets like property could become a dispute. There may be an instance where a family member or a friend made a partial investment into a property owned by the deceased. If they were promised a share of the property profits and that is not stipulated in the will, there are grounds for contesting a will.
contesting a will
Article Source: Articlelogy.com
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