Everything You Should Know About Contesting A Will

By Author: John Pitter
Total Articles: 19

Contesting a will seems an intriguing procedure; but it does not have to be with the perfect advice and specialist knowledge. Here we mention the main factors and what you should do to contest a will in Vancouver.

In simple terms there are 2 situations where you may think about contesting a will Vancouver. If the will is considered to be invalid or if the will doesn't adequately provide for you financially.

An Invalid will.
A will is considered invalid if it may be shown that it absolutely was negligently or fraudulently drafted, or was forged; the deceased was coerced, or lacked the mental ability while making and signing the will; the will was improperly signed or witnessed, or the will is found to be superseded or revoked.

You should be able to provide proof of your suspicions on validity so as to with successfully contest a will through the wills and estate lawyers Vancouver. This is frequently tough to demonstrate satisfactorily to a court.

If a will is declared invalid any previous will generally takes its place. It’s thereby necessary to ascertain whether or not you'll have the advantage from a successful challenge to a will before planning for Contesting a Will Vancouver.

Inadequate Provision from a will.
A claim of Inadequate Financial Provision from the estate of a deceased may be brought under the Inheritance (Provision for Family and Dependants) Act 1975. Only specific family members can claim beneath this Act. Like a toddler, next of kin, sole living relative, a married person / civil partner or former partner. You may also have to contest if you're an individual who was financially dependent / received maintenance from the deceased, a cohabitee of a minimum of two years, or an individual who was treated as a 'child of the family'.

Nonetheless, having such a relationship doesn't automatically entitle you to a benefit from the proceedings of an estate. Several factors which should be taken into consideration while assessing whether adequate provision has been created or not. Like your financial condition and whether or not you're in receipt of a regular income, whether the deceased had any obligations towards you, any disabilities, and details of your relationship.

So what will happen next? If you think that you have got grounds to contest a will you should consult wills and estate lawyers Vancouver. Any cases being brought under the Inheritance Act 1975 should be lodged within six months of probate being granted. Always get the advice of a specialized lawyer. Lodge a Caveat with the Probate written record if you're unsure over the validity of the will. Open a dialogue with the executors / beneficiaries of the will in order to resolve your dispute amicably and above all be patient, cases are also difficult and investigation and proceedings will take some time!

John Pitter is the client of Kushner Law. The legal firm can offer you the best wills and estate lawyers Vancouver. Just visit their website and gather all the necessary details.