Death is an inevitable part of life, and it often leaves families of the deceased devastated. However, it is even more stressful when a member of the family challenges the will left by the deceased. While some disputes can be worked out amicably, contesting a will might be the only option in certain circumstances. Unfortunately, many people do not know the circumstances they might need a wills and estates lawyer to help them contest a will. Read on.
Doubt of Testamentary Capacity
It is a legal requirement that a person writing a will must have the legal and mental ability to make valid additions and alterations. This is what a wills and estates lawyer proves in case there is doubt, and it is referred to as testamentary capacity. Some circumstances can lead one to doubt the testamentary capacity of a deceased. Most importantly, the person preparing the will must recognize the document they are working on with certainty. In some instances, a testator might not have the mental capacity to understand the contents of the will document. Notably, parties with ulterior motives might make a testator sign a will while oblivious of the fact. A wills lawyer can help you prove the mental capacity of the deceased at the time of signing the will.
The complexities of modern life have a significant contribution to the increase in the contest of wills. This can be attributed to blended families, where people are likely to marry several times. In some cases, couples prefer to cohabit outside of marriage and end up with children and stepchildren in the process. These beneficiaries only come to know about each other when the family lawyer reads out a will. In some cases, the main family might feel hard done and contest the will. Wills and estate lawyers come in handy in such circumstances because they can help to order for DNA tests. The tests ascertain the relationship between the deceased and any new beneficiaries.
There is nothing new about sibling rivalry, and it can be traced as far back to the biblical Cain and Abel. Unfortunately, sibling rivalry tends to boil over when a will does not share an estate 'fairly.' For example, elder siblings might contest a will if they are not comfortable with the youngest sibling being given the powers to manage a bigger portion of the inheritance. Hiring a will and estate lawyer allows you to navigate and argue out such issues in court. For example, the deceased might have appointed the youngest son as the estate administrator because of their expertise in financial issues.Share