When a person dies, the implementation of last wishes will be made. It happens in certain cases that the name of someone is not mentioned in testament. Once you get to know the same, it can be a dreadful event for you because you are left out of a will. This is the time when hiring good contested wills and probate lawyers is suggested.
Upon consulting with a professional, you get to know that there is a possibility of challenging the last wishes on certain grounds. On average, 90% of people who are left out of a testament go ahead to argue with family members which leads to disputes. However, this can be prevented if you consider discussing the matter with a professional and prepare yourself to challenge a will.
Some Most Common Grounds on Which a Will Is Often Challenged
1. Lack of Due Execution
If a testament lacks a vital component in written, it can be challenged. As there is a void in it, you are likely to win this case.
2. Lack of Testamentary Capacity
You may challenge that testator didn’t know the consequences while signing the will. And, you have to prove the same to achieve desired result.
3. Lack of Knowledge or Approval
If you could prove that the testator didn’t understand the contents and sign it without approval, there is a chance of getting a positive outcome.
4. Revocation of Earlier Will
It has been observed that many people present new testaments. In this case, the old one will be invalid and challenging the same could be done.
5. Will Is Incomplete and Missing Signature
In order to create a legally valid testament, it must have the signature of testator and witnesses. And, a lack of the same means you could challenge it in court for your rights.
6. Will Is Not Written in Sound Mind
Upon reading the contents, it can be identified whether the testament lacks its intent. You can consider the same and challenge it.
Fortunately, there are many other grounds like ‘claims by a family member’ and ‘lack of testamentary intention’ to challenge a testament. You are asked to consult with a professional to identify the gaps or loopholes and go ahead to challenge it legally.
Can a Testament Be Challenged After the Death of a Testator?
The answer is yes. Since a will or testament often comes into effect after a person’s death, you can go for challenging it if your name is not included. And, a professional is going to guide you to put the right foot forward to get things into the right place.
Who Can Contest a Will?
If a person has a potential stack in estate and is interested to contest a will, he or she must go for it to fight for his/her rights. It may include-
i) Stepchildren
ii) Siblings
ii) Spouse
Any beneficiary named in the will
Perhaps, going to a professional is convenient to understand whether you could contest the testament or not.
How Long Will It Take to Contest a Testament?
Obviously, you would like to know the actual time required to achieve the desired outcome. It is asked that you have to give a certain amount of time because there are a few steps to be followed. Rather than scratching your head to get an outcome soon, you are suggested to discuss the same with your picked lawyer and identify how long it would take in your case.
Since professionals know the process well, they are going to guide their clients accordingly. In this way, you can retain your peace of mind even after 30 days.
Final Thoughts
Don’t worry if your name is not added to the testament. This may happen to anyone due to previous disputes or another reason. During this time, you can go for challenging and contesting the same. Not to mention, this can be expensive if you don’t win the case. This is why you are advised to pick one of the honest contested wills and probate lawyers to discuss your issue and request a quote before you hire.
With this kind of approach, you can achieve professional advice to contest the testament with confidence and remain stress-free. So, take your time to choose a good lawyer.
