Who Can Contest a Will?
When someone passes away, they usually leave behind a final will. This final will tells the surviving loved ones who is entitled to parts of that person’s estate (among other things).
Sometimes, wills don’t seem quite right. If your loved one’s final will isn’t acceptable to you, are you allowed to contest it?
If you want to contest a will, you have to have a good reason to do so. Not everyone can do it. We’re here to talk all about who can contest a will (and why they would do so). Read on to learn more.
Can Anyone Contest a Will?
Contesting a will isn’t as straightforward as it seems. While it may seem as easy as simply making your voice heard after you read the will, you may not be able to challenge it at all.
If you’re a minor, you won’t be able to contest a will. This is even true if you’re an heir or beneficiary. Someone can contest a will on the minor’s behalf, but they’re unable to do it on their own.
All heirs are able to contest a will. Even if those heirs are illegitimate, they have some claim to the deceased’s estate. Whether the heir is a spouse, a child, or another close relative, they may have some standing when it comes to contesting the will.
Beneficiaries (regardless of whether or not they’re related to the deceased) are also able to contest a will. Even if the beneficiary is a charity, the representatives of that charity can still contest the will.
Reasons to Contest a Will
So can you contest a will for any reason as long as you’re in the right “category?”
You have to have a legitimate reason for contesting a will. While you can certainly try to contest a will just because you feel like you deserve more, it won’t work and no good lawyer will take your case.
For a will to be legal, the person writing it has to be in a sound state of mind and no one can be influencing them. There must also be valid witnesses.
If any one of those things isn’t true, you can contest a will. If the will is unclear or there’s any reason to suspect that it’s invalid, you may contest it.
There are some gray areas. If you suspect that something isn’t right due to how the estate was split between beneficiaries, you can contact an estate lawyer, like the team at willcontesting.com.au. They will look over your situation to see if you have a case.
Do You Have a Will to Contest?
If you think that you deserve to contest a will, it’s important to contact an estate attorney right away. Challenging a will takes time, and you want to make sure that you have an experienced professional on your team who’s ready to help.
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