Often times, before people die they write a will. This could be because they have valuable assets and want them to be passed on to their loved ones when they die. However, at times, once the person passes away, family members may not agree on the terms of the will. It can lead to confusion, disagreements, as well as dented relationships if not handled properly. To keep it from spiraling out of control, it’s best that it’s nipped in the bud as quickly as possible. On that note, you’re going to find out what happened when people dispute a will in the following article.
They Decide Whether They Have Grounds
Before a will can be disputed, there first have to be grounds for the opposing party to contest. Most times, before the dispute can be taken to court, they would have to ensure that they’re capable of contesting which means they’d need to be a spouse, family member, or someone who was financially dependent on the owner of the will. Additionally, there are certain things that would need to be proved beforehand. That includes that the deceased was of sound mind and wasn’t coerced into changing his will. Other grounds for contesting a will are it not being signed in line with state laws and it being procured by fraud. Once this can be proved on either side, then they can then decide to take it to court.
They Take it to Court
One of the things that tend to happen when people dispute over a will is a desire to take legal action. This often means filing a court case against the beneficiary or attempting to prove that the will is invalid. This process often requires a professional solicitor such as www.the-inheritance-experts.co.uk as they’re in the best position to represent you and suggest the best steps to take. It has often been found that many will-related cases are resolved before they end up in court. This is, therefore, an option that is worth exploring as it will likely cost you far less in both money as well as time.
They Attempt Mediation
As briefly mentioned above, mediation is something that often happens when people are disputing a will. This is where the solicitor helps you and the other party come to an agreement regarding how best to resolve the issue so that both parties are happy. This works best one both people are willing to agree and both have peace in mind. Seeing as it’s often family conflict, it may also be best to see if you can listen to one another and positively communicate to come to a fair agreement. It may also prove to be a better alternative to courts making a ruling that may not be in both parties favor for them. However, mediation isn’t always an option and in such an instance they would have to battle it out in court which could result in the case dragging on for years and a hefty bill in legal expenses for both parties.
One of the last things you want, after a loved one has died, is to spend the time that you should be mourning disputing a will. However, sometimes when money and assets are involved, people find it difficult to agree and come to fair terms. By taking the right steps to find a peaceful solution, it could all end in a way that favors most parties and honors the deceased.
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A will contest is the formal challenge to the validity of a will based on the contention that it does not reflect the testator’s (person who allegedly made the will) actual intent.