The Successful Disputed Wills Process

Modern life has brought about an emerging trend that features disputed wills and other disputes relating to the deceased person's estate. This trend is becoming more and more prevalent in and around the world in general. Contested or disputed wills are especially stressful due to the fact that they raise issues of relationship between the deceased, the contesting parties and family members. Parties to the disputed wills are the claimants seeking inclusion in inheritance or a broader share in the deceased person's estate.

Eligible Claimants

Those people left out of the share of the deceased person's estate or those seeking greater share of the estate may initiate a claim against the deceased person's estate, pursuant to the proper legal instruments. However, before the court considers any claim of this nature, it is first required that the claimants meet the eligibility threshold.

There are many persons with potential eligibility for disputed wills situation. These are persons that had some kind of direct relationship with the deceased in his life. Among the most common of these include former and current spouses, children (stepchildren, grandchildren) and other persons belonging to the deceased person's household. These people had full or partial dependence to the deceased person.

When to File Disputed Wills Claim

It is advisable to act as soon as possible when considering to file a will dispute. Though the law may allow for up to a year, it is good to file your claim as soon as you can. Assets of the deceased person's estate can be distributed, sold or loaned in a very short time and therefore become hard to repatriate. This will make it hard for the person claiming part of inheritance to get justice. The first thing should be to get legal consultation services from a lawyer that has experience with disputed wills. Proper and timely legal services will make it possible for you to get the justice that you are looking for.

General Principles to Disputed Wills

The guiding principle for the success of disputed will cases is to show the court that the deceased person did not make proper and adequate provisions to the claimant and that they were duly eligible for the same. Though the court will examine the case as a particular one with different facts and situational backgrounds, it is very likely that the court will rule in favour of the claimants. If this is the case, the legal charges are also paid by the deceased person's estate.