Legal advice to solve the matters of the Will

| April 18, 2013
Legal advice

Legal advice

When you bid your final goodbye to your loved ones as they leave you forever to savour their eternal peace, your world may be shattered and your grief indescribable. There is every possibility that the deceased may have left behind a will to make sure your life sails forward, unperturbed. However, while you may have got ample share in property or whatever it is that the deceased or the testator has left behind, you’re kin, and a better part of the family, may not have received a good share. If they can prove that they were dependant on the testator for financial reasons, they have every right to opt for legal advice for contesting a will. As per their belief, the will is unfair and fails to deliver justice.

Another ground for contesting a will could be the fact that the testator was tricked into signing the will, the rules and regulations of which were hidden or twisted so as to make the testator believe something that was not true. To put it simply, the testator could have been under a strong influence of someone who knew that he did not possess the mental capacity to completely understand the terms and rules. If you have ample proof and can prove it in a court of law, then you have every right to contest a will. You must immediately seek legal advice and put all your queries to rest.

There are some legal grounds wherein you can contest a will. However, it is essential that you be able to prove. Without significant proof, your demands are close to nothing. A will can be contested by a family member if he or she feels that they were not given an adequate share but thoroughly deserved to. In such a circumstance, the person can seek legal advice to get a larger share of the property in question. If a person feels that the will was signed under some influence or under the threat of being harmed, either physically or mentally, they have every right to challenge a will. They firmly believe that the testator was threatened and that not abiding by the influencer’s wishes would’ve led to physical abuse, such as bodily harm, or mental abuse such as torture.

One can rely on legal advice for contesting a will if they believe that the signatures of the testator were forged and that the will was made under false pretences. Although the chances are rare since as a person ages, his grip over things is eventually threatened. This can cause a difference in the handwriting over the years and proving this in a court of law could be a daunting task. However, the possibility of signatures being forced cannot, in any case, be ruled out.

The executor plays a very important role when it comes to a will. He is the person appointed by the testator to give the directions of the will to the beneficiaries. The beneficiaries hold the executor in high regard. If they happen to find out that the executor made mistakes during the announcement of the will, they can contest a will. They can demand compensation and can remove him if he does not meet the needs of the will. The power of attorney is held in high regard and is trusted by the testator. If the family finds out that the power of attorney was misusing the will signed by the testator, they can take legal help for contesting a will. A will can, therefore, be contested in the aforementioned situations.

Author’s Bio:

Mark is a lawyer by profession and he claims that he has several people coming to him for legal advice for contesting a will on a daily basis. He says it’s a lengthy procedure but is essential to make sure no discrepancies are found in the will. To know more click on Investopedia on Wills.

 

Legal advice to solve the matters of the Will

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