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How Can You Dispute a Will and Why Do You Need a Lawyer?

September 13, 2021 by Kevin Adams

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Considering life’s uncertainty, doing succession planning of your assets well in advance is a wise move. Many disagreements become major disputes because the future of your assets and responsibilities is not legally defined. Succession planning lawyers can help you understand legal matters well. 

A Will: Definition

It is a legally binding document stating your wishes and decisions regarding ownership, assets distribution, wealth management, and other responsibilities that you handle currently. 

 Disputing a Will 

The will of the testator is read and executed with the help of succession planning lawyers. It may so happen that the will has not justified or evaded you entirely. Your contributions may have been significant, and you feel that you have not received your fair share. 

In such cases, you can contest the will. A lawyer can help you understand the process and see the entire picture in detail before contesting the will. 

The Need for Will Dispute Lawyers

The grief of the death of the testator and the will can cloud your rational judgements. Hiring a will dispute lawyer can help you see the accurate picture. 

Since successful will contests are rare, you should have strong reasons. Your lawyer can help you decide whether your decision to contest the will is appropriate by asking these questions-

  • Legal Authority

 Do you have the legal authority to contest a will? Are you a beneficiary of the will?

  • Testator’s health conditions

If you believe the testator was not in good physical and mental conditions to make a proper will, you can contest it. 

  • Will made under the influence

If you think the testator made the will under somebody’s impact or a threat, or if there has been fraud in the making of the will, you can contest it. 

  • Unsure of the probated will’s version 

If you doubt whether the will in probation is the newest version, you have a firm reason to dispute it. 

  • State rules not met

The lawyer can explain to you the rules your state follows regarding the contents of your will. If it does not meet those rules and regulations, then the will can be made invalid. The residential address of the testator and the number of witnesses are also factors contributing to its credibility.

How Can A Lawyer Help You With The Will Dispute?

Once you’re certain about disputing a will, it’s important to hire a lawyer familiar with local laws. For instance, if you’re based in Calgary, choose a calgary wills lawyer to ensure you have someone who can expertly guide you through the legal process. This includes crucial aspects like the statute of limitations and other key factors involved in contesting a will.

They will help you file the legal papers well within time. Help you file a petition to contest the will in the court. If the will dispute is not settled, it will go for a judicial hearing. Your lawyer can help you with that.

Hiring an experienced succession planning lawyer will help you, your family, and your relatives save time, effort, and energy if the succession planning for your assets is done well within time. They can also help expand your estate instead of its disintegration. Hence, conduct proper research to find the best lawyers in your city. 

You may also like: How To Find Lawyers for All of Your Legal Needs

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Filed Under: Legal Tagged With: lawyer, legal services

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