One can contest the will of a loved one in situations like fraud or coercion. Also if a testator has multiple wills, then again a contested will attorney can be hired to contest a will. If you think that the will of your loved one is invalid or there are mistakes or errors present in the will, then you can contest it. Contesting a will is a process in which an individual who is affected by the challenges of a will presents it in court. Yes, the grief of your loved one’s death is hard but the time becomes even more challenging when you know there is a problem or mistake in the will. So the question is who can contest a will?
Who can contest a will?
- If you find any problem with the will, then you should have a lawyer specializing in wills at first to contest it. You will have the right to contest your will in these cases like:
- If you were the beneficiary of a will before this one
- If you are one of the beneficiaries of the current will
- If you are the beneficiary of a newer will that is made after the one
- If you are an heir and got less in the will than you should have to and if your loved one has died without writing a will, then you can contest a will.
How to contest a will?
Step 1: Contesting a legal document
Contesting a legal document like a will is an uphill battle; therefore, it is important to take the advice of the lawyer to represent your case. The right probate lawyer Singapore can assist you with the available options so you can contest a will with ease.
Step 2: Know the limitations
Know the limitations present on a will challenge in your state. The limitation includes the period in which you should file the legal papers. If you don’t file the will challenge before the deadline then you will lose your right to file it. The period can be weeks, months
or years from the death date. Make sure an individual challenges a will within the period as per the rules and regulations.
Step 3: File a petition in probate court
To challenge the will, file a petition with the state probate court. To do this successfully, it is great to take the assistance of a probate lawyer. The petition notifies the court and the estate. Not all the states have the same probate process or filling forms. Therefore, before you start the process, check the probate court office to learn how you can file a petition in your state.
Step 4: Collecting evidences
Collect all the evidence required to contest a will. This evidence may include the different versions of wills or witnesses’ testimonials. Medical records can also be used to prove that the loved ones were suffering from any mental issues like memory loss.
Step 5: Settle or go to court.
Depending upon what you choose, you can settle your case or take it to the hearing.
The process of the court involves these steps:
- Discovery
In this step, the research has been done in which the parties collect the evidence to prove their case.
- Depositions
In the deposition process, one party asks the other party or witnesses to respond to their queries under oath. If you are the party who has to respond under oath then your lawyer will help you to prepare for the questions that may be asked to you. You can also use the deposition process to depict your side of the story.
- Mediation
Mediation is a process of dispute resolution in which a third party or mediator helps both parties to agree so they aren’t required to go to the trial.
- Hearing
If the parties don’t settle, then the hearing of both parties occurs in court. You may be required to attend multiple hearings. During the hearing period, the court will check your evidence and will pass a statement about whether the will is invalid or not.
What are the circumstances in which you can challenge a will?
To contest a will, an individual is also required to have a legal reason to challenge it. You can’t be able to contest a will just because you are unhappy with what you have found inherently. You need some proper evidence to prove your part. Here we have listed some general reasons why you can challenge a will.
- Lack of testamentary capacity
This means that the testator was mentally not well and was not able to make the will properly. Generally, a normal person knows his/her assets and their value so one can easily divide his/her assets to his/her natural heirs. But if the testator is not able to understand things well and is mentally incompetent then you can contest a will. But it is important to have proof of it to represent it as evidence.
- There is an influence of fraudulent activity or forgery
If the will has been created under duress or if the signature was forged then again you can contest a will. Usually, you can contest a will only if the deceased made a sudden or unusual change to the will.
- If there is another will present
If you find there is something wrong with the newer will than the older one then again you can contest it. This is done due to any confusion in writing the will therefore you have proper grounds and evidence to contest a will.
- If this state requirements are not met
Different states have different rules when it comes to contesting a will. If the will does not meet those requirements, then the will is invalid.
If you have a query and are unsure about whether you have grounds to contest a will, then you can contact the lawyer to understand your particular situation or whether you can contest a will or not. However, this guide will tell a lot about the will and when you can contest it.
