All You Need To Know About Probate And More*

*This post is in collaboration with Media Buzzer*

Probate is a legal term for a process in which a person’s last will and testament is proven and accepted as a valid legal document, on which a deceased person’s estate will be distributed. A probate court would decide if there are any will contestations, something that happens a lot more often than you might think. A family member might feel that they have been unfairly treated and dispute the contents of the will, and this would be something for the probate court to consider.

The Executor

This is the nominated person who is responsible for carrying out the wishes of the person who wrote the will, and in some cases, a beneficiary might feel that the executor is failing in his or her duties and can dispute the will on these grounds. These are cases for wills and probate lawyers, who can easily be contacted via an online search. If you live in a city, there will be several law firms that you could approach for a will contestation, and most would give you a free assessment consultation.

Unfair Influence

A will beneficiary might feel they have been unfairly treated and this could be due to another person exerting unfair influence on the person who made the will. The role of the probate lawyer is to help their client put forward a strong case, and this might take the form of letters or witness statements, and if the court agrees that a third party did exert unfair influence, the will can be amended. There are comprehensive explanations of probate online, which might help you to better understand this complex legal process.

Left Out Of A Will

A family member might be expecting some inheritance and when the will of the deceased person is made known, they find they are not mentioned. In such a case, it is possible to contest the will and you would be strongly advised to first consult an experienced probate lawyer, who can evaluate the circumstances and give you a clear indication of what to expect. Law covers many different fields and probate lawyers specialise in contesting wills, and one should make contact with an experienced law firm before doing anything.

No Win No Fee

There are occasions when a lawyer feels the client has a strong case for disputing a will and might offer to represent on a “no win no fee” basis, which gives you peace of mind, knowing that you will not have a large legal bill to settle in the event the claim is unsuccessful. People are often reluctant to take legal action, for fear of ending up with a huge legal bill, and if you can find a lawyer who will represent you on a “no win no fee” basis, you are maximising your chances of success.

If you, or someone you know feels that they have been unfairly treated in a will, the best thing to do is make contact with a wills and probate lawyer and after an initial consultation, you would have a clearer idea of your chances of making a successful will contestation.

*Image source Unsplash

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