Losing a parent can be heartbreaking and can cause extreme depression, this loss can trigger animosity among siblings if they decide to contest parent’s will. And for this reason, it is essential to know and understand the ways in which a will can be overturned. One of the reasons why siblings might decide to contest a will is a case of neglect. Contesting a will is a herculean task that consumes both time and financial resources. Family related cases are usually very sensitive as it usually involves emotional instability and stress. As a result, the best way to resolve family related issue is hiring the services of a good family law attorney with the skills and experience to fully represent your interest.
What Is a Will Contest?
A Will Contest refers to a legal action carried out by a party including spouses, children or people who have been mentioned in the will or a previous will. Wills can only be contested by individuals who have been mentioned in the Will. A Will contest is done under the probate law. It is worthy to note that an external party can’t contest a Will. The contest of a Will is only possible when a probate process is ongoing; this is when valid legal questions concerning the document or process under which it was created.
How to Contest a Will
The validity of a last will and testament is dependent on the confirmation by a probate court whose duty is to ascertain whether or not, is in the right format. The contest of a Will or a codicil (an amendment made to a will after it has been signed) commences when an aggrieved party informs the court.
There are several legal reasons a Will can be contested including execution. This is when there is an anomaly during the course of a will execution, it can be declared invalid, which can prompt an aggrieved party to inform the court for legal action. Once the state’s requirements are met and if the Will is signed in the presence of witnesses who can testify accordingly, then there’s no problem. But in a case where the appended signature doesn’t belong to your parent and there was no witness on ground to sign, then there could be questions about its validity.
The massive financial cost of litigation is one of the major downsides of an intra-family lawsuit. Meditation over litigation of sibling is one of the best ways of keeping the conflict private. This will keep the family conflicts far away from the public eye. Family law attorneys are able to mediate over family fights and also guarantee a fair share of property unless you have once appended your signature on any form of agreement that restricts you from getting a share.