How To Decide If You Should Contest A Will-huangshexiaoshuo

Legal Making the decision to contest a will is not one you should take lightly as it can often be a lengthy, emotional and costly process from start to finish. There are, however, certain circumstances when you are entitled to make an inheritance claim on the estate of someone you were financially dependent on. If you are thinking of trying to contest a will, here are a few of the questions you should be asking yourself before you embark with the legal proceedings: Am I eligible to contest this person’s will? It’s really important that you are actually eligible to contest a will before you go ahead with it as there are only certain categories of people who can do so. If you are the spouse of the deceased, or a cohabitee who had lived with them for at least two years, then you might have a claim. If you are the child of the deceased and were financially dependent on them (particularly for minors under the age of eighteen) but were left out of the will, you might also have a claim. This counts whether the child is the natural offspring of the deceased, an adopted child, stepchild or other child that the deceased treated as their own. Anyone else who may have been dependent on the deceased, such as an elderly relative, disabled person or former spouse who has since remained unmarried, is also eligible to contest a will if they feel they have been unfairly left out. Do I have proof of my claim? It’s important that you have proof of your relations to the deceased so you can prove your eligibility to contest the will if you need to. While not everyone has to provide evidence of financial need in order to make an inheritance claim, often cases are decided based on the financial circumstances of all the beneficiaries as well as the wishes of the deceased, so it’s useful to have all the documents you need to hand in case they are requested by the solicitor or the court. Do I have a solicitor I can use? It is massively useful to have a solicitor who specializes in this tricky field of law and who can act on your behalf throughout in a dispassionate, fair manner. If you don’t already have a solicitor you can use, it’s advisable to source a specialist who is experienced at dealing with inheritance claims. Can I afford the cost? If you are challenging a will, then the financial responsibility for the claim falls on you. While some solicitors operate a ‘no-win, no-fee’ system, you have to factor in solicitors’ fees as well as court costs, so it can help to be fairly certain your case will succeed before you .mence proceedings. About the Author: 相关的主题文章: