A Brief about Contesting a Will

family_law2If a will or an estate has been made by a departed but has left out someone who has sound claims to these as well as anyone, then there is a proper way of doing and contesting such a will. A family provision Barrister should be taken in to help facilitate the provisions of the will. With this in mind, the proper considerations and research of all the facts must be tackled and handed over to the Barrister. The Barrister, who is a family law practitioner, then makes all the appeals to the higher courts by presenting the contesting reasons of the person he is representing.

Basically, a person can contest a will if he feels that he has been insufficiently represented in it. But, there are limitations as to who are the ones or who have the right to contest the will with the family provision Barrister. These are the widow or widower of the departed person; the biological, step or adopted child; a dependant who is below 18 years old of the deceased; and a former husband or wife with whom the deceased has a child or children 18 years old or younger.

If the proper venues and avenues of contestation are practiced, then the only thing for the contesting person has to do is to wait for the Judge’s decision. What a family provision Barrister has to do is to present all the details regarding the remaining balance of the estate; how the petitioner is related to the departed; the state of the petitioner’s life regarding health, dependants and income figures; how much has been given to the petitioner from the estate funds; and lastly, present other contesting individuals.

All wills and estates have a pre-determined executor, which is usually the departed’s lawyer or an administrator who is assigned by the departed to execute the disbursement of the estate in his last will. Contesting individuals have the right to get in touch with the departed’s executor or administrator to get a copy of the former’s will and testament. There are only a handful of people who are allowed by the law to do such a thing. These are the deceased creditor; a dependant who has the right to some of the estate; a person destined to inheritance in absence of a will or the person’s parents, child or husband or wife. Contesting a will is never an easy process. This is why all the right things must be done by the right persons.

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Categories: Family Law