How to contest a will
Contesting a will means you are challenging the provisions or stipulations contained in that document, which could either be for technical or legal reasons. It is your right to do so. The process of contesting a will that is issued may differ from country to country or between states, however, there are many factors that are generally similar all across. One of the key factors that would constitute contesting a will is when there are provisions that may not adhere to some statutory limitations or requirements. Take for example a will has been made to grant an inheritance to a friend, but the will does not state any provision granting an inheritance to the executor wife. Under the law, an executor needs to grant inheritance based on a hierarchy that starts with direct members of the family like the wife, followed by the children and so on. Based on the scenario presented, the wife has the right to contest the will so the next best thing is to take the case to court.
Consult a legal practitioner
First, you need to consult a legal practitioner then hire a lawyer to represent you in your case. Inquire about legal remedies to allow you to pursue contesting the will. Make sure to present evidence before the lawyer so that your case is reviewed. Make sure you know your rights and if there are matters not clear to you, this would be a Â good time to ask your lawyer, as your lawyer can provide you with the technical details. Gather all documents that you feel may be related to the case, the copy of the will, property deeds, land titles, bonds, etc.
State your reasons for contesting the will
State your case and be honest with your lawyer. It is best that your lawyer knows the details of the case. So make sure that you answer all the questions asked and clarified so that you get to lay down all your cards.Remember that your lawyer is your legal representative so avoid hiding anything from your lawyer Â regarding anything that may be related to your dispute.
Ask questions for clarification
Do not assume, always ask. If there are points in the case that you do not understand, ask away. Remember that by this time you are preparing for legal battle with the courts unless the party of the executor would like to have the matter amicably settled or offer a compromise agreement and agreed.
Be prepared for legal proceedings
When both parties would fail to come to an agreement or a resolution to the matter, then legal proceedings follow and the court takes responsibility in hearing both cases. Your lawyer will then have to file this case in court to have it docketed and scheduled for a hearing. Prepare yourself for challenges that may arise from contesting a will, because it would entail some time before the court may be able to decide on it. It may take a bit of time to have the resolution to this case, but surely the results would be fair and just.