According to legal experts, a will is a legally binding document containing instructions on how assets and properties should be disbursed or divided when an individual die. It contains the wishes of the decedent for his or her beneficiaries. Its purpose is to assist in eliminating confusion and conflicts that may arise thereafter. However, there are instances where a conflict of interest may arise compelling you to retain will contest attorney services.
The contest acts as an official objection intended to raise doubts about the validity of a given document. Any objection raised by the beneficiaries should be grounded on the claim that the document presented or read to them does not reflect the true wishes of the decedent. It could also mean that the legal document is not valid for one reason or another.
Traditionally, a family member can opt to go against the legal document if they feel as though they have been cheated out of what is rightfully theirs. In cases where there is something to be gained from this document, all the parties involved may choose to initiate legal proceedings. However, the process might become a painful experience to others if the court decides otherwise.
Due to the amounts, assets, and properties involved, the well-off are more likely to challenge the validity of the document. Instituting a legal challenge leads to the initiation of a probate process. Its aim is to establish whether the document is valid, and ensure that all possessions are distributed accordingly.
You should note that only eligible people are allowed to challenge this document. To be eligible, the contestant should be its beneficiary or at least be listed in it. This includes creditors, children, spouses, and heirs. In addition, a person who could have benefited from it may also challenge it if it is established that it was indeed invalid.
If you believe that there is a need to challenge the legal document, the first step is to determine whether you have legal standing. Standing only applies to a person who has been personally affected by it. Your challenge should also be filed within the timeframe set by the state. For it to proceed, you and your attorney needs to demonstrate that there exists a legitimate basis for your challenge.
If you are the decedent, you can avoid a contest by making sure that there are proper drafting and planning. Retaining the services of an attorney helps to ensure that the document is drafted using clear and concise language. The use of trusts to distribute possessions helps to reduce the number of assets that get written into a will. Additionally, having a simple and straightforward will also help to reduce the chances of a contest being instituted.
If you choose to contest a will, you need to request for assistance from an experienced and knowledgeable attorney. Estate attorneys are prized assets when you find yourself having to deal with probate-related issues. Their job is to assist clients who believe that the decedent was unduly influenced when drafting it was mentally incompetent, or if the clients believe that they are wrongly being deprived of their inheritance.