If your parents have disinherited you, then there are still substantial claims that you can make against their will. You can contest the current will on a number of grounds, including more general factors such as their mental capacity to make the will or undue influence. However, you can also contest the will if you have evidence that you rely on them financially or if they have not made a reasonable provision for you in their will.
Contents
Contesting a will if you are disinherited
Making a Claim
The first step to contest a will is to make an initial claim that the will should be revoked. You should decide what claim you will make, whether this is undue influence or inadequate financial provision. You should then provide evidence that the will is in error. For instance, if you are pleading inadequate mental capacity, then you should contact the care home or hospital that the deceased was in the care of. Additionally, you will need a copy of the will to make a claim, and you can check through this for loopholes with which you can make a claim, such as conditions on the disinheritance or unclear wording. Then, the legal process can begin.
Time Limits
Unlike other legal claims such as fraud, you should be aware that there are time limits on when you can contest the will after the deceased has passed away. For instance, the time limit for a maintenance claim (for financial provision) is extremely short. In these cases, you have only six months to make a claim after the grant of probate. In some cases, this time limit is extended, but this is at the discretion of the court. However, some claims may have a time limit longer than six months. For instance, claims against the validity of the will have no time limit as long as the will exists.
Get Legal Advice
Seeking legal advice is the correct course of action for those looking for advice on their claim. This could be whether to negotiate or go to court or just to receive impartial advice on their claim and the evidence they will provide, including what claim they should make to contest the will. When contesting a will, you can find experts who can supply you with the best solicitors and lawyers so that you can settle your dispute quickly.
Negotiation
Most legal claims against the will can be settled by negotiation or mediation. Doing so saves a lengthy court battle, which can be extremely costly. Additionally, this is the best method to resolve conflict between those who want to maintain a good relationship with their relatives or the other beneficiaries after the dispute has been settled. Negotiation and mediation include discussions being handled within the presence of a third party who can advise both parties on their course of action. This third party can also focus on any underlying issues and address both parties concerns.
Although contesting a will can be daunting, with the right process, this can be a straightforward process that can be settled quickly and avoid going to court.
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