Business

Understanding the Process of Contesting a Will

 A will is an important legal document and has the last wishes of the deceased, however contents of a will can sometimes bring conflict and division in a family, especially if the family does not feel the will is fair. In this piece, we shall look at the grounds and the process of contesting a will.

However, before delving deeper into the article, here are some of the contents in a will.

  • An executor; an executor is tasked with executing and delivering the will.
  • Beneficiaries; these are the people who will receive the assets.
  • Time to receive the assets; after diving the assets and choosing the recipients, the next step is deciding the time to receive these assets; this is a necessary process especially for minors.
  • Guardians for the minors, this is an important part especially if one is responsible for minors.

Some of the grounds for contesting a will include;

  • Lack of proper legal execution, as earlier on mentioned one of the contents in a will is an executor who ensures the family has a smooth transition of property management.
  • If the deceased suffered from health complications, that will affect their judgment when writing the will.
  • Fake wills, when family members discover any fraudulent activity concerning a will, it stirs anger, and this may result in challenging the credibility of the will.

The process of contesting a will.

I.Probate.

Even before the division of assets in a will are finalized, the executor presents the will and the deceased death certificate to the court. Upon presentation of the will, the court provides a legal process of managing the assets and can also limit the ability to contest the will.

II.Contesting the will.

In the case the will is open for contesting, the person contesting the will presents their case to the judge, people contest wills due to various reasons, some include; if the assets are unequally distributed among the beneficiaries, and when the will have not put into account the spouse or children.

III.Constraints on the assets.

After presenting the case to the judge, restrictions are placed on the will, and heirs need to wait for the court’s final decision before accessing their inheritance. It is also important to note if you have presented the case and are challenging the will and the court finds the reasons not valid, you risk not receiving any assets.

Final remarks.

The entire process may take approximately two to six months after the probate begins. Therefore before presenting a case, it is crucial to understand the process and the risks involved with the process and the best way to get prepared is seeking services from qualified lawyers

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