Contesting A WillPosted by: Billy Mann | Posted on: October 26, 2018
Contesting a will is an extremely tedious process because the entire power of the will testament lies on the person who wrote it. The court is very strict with cases regarding the will testament as they consider it the last wish of the person and are extremely reluctant to make changes unless strongly persuaded. Contesting a will is very expensive because of the payments to be made to file a case and payments to the lawyers. It is also stressful and requires lot of strength because most of the time contesting a will is not a success especially if you don’t hire the right professionals.
Reasons for Contesting A Will
There are a few reasons based on which a person can contest the will and they are as follows.
Mental Health Issues
The person who created the will must be of sound mind and mustn’t have poor mental capacity. They should comprehend the all the details regarding the property as well as the future effects of their decision. If the person was known to have frequent mental issues contract lawyers in Sydney will have a strong point for the case.
If the owner was pressured by a person or under duress when writing the will it can be contested. If the problem is between siblings lawyers well versed with family law and know about the family can fight against this manipulation.
The will may have been forged by another party to show that the property was left for them instead of the actual content. Fraud can also take place in the case of competing businesses and the land it owns.
In almost all countries a will must be signed by at least two witnesses. These witnesses must not be the future owners of the property in concern. If the witnesses are insufficient the will can be contested.
The will that is being used by the party must be the original hardcopy to prove that it is the correct will. If the will is not clearly signed by the testator and the witnesses it must be void. In the presence of a newer will all previous wills are outdated.
Requirements to Contest a Will
You are eligible to contest a will only if you are directly involved such as a possible heir or family descendant. It is also important that the will is contested within a reasonable timeframe and not many years after. To contest a will there must be a proper reason without which the court will not accept your case.