A comprehensive guide to defending inheritances and understanding challenges to a will
Dealing with a will dispute litigation is without a doubt a frustrating process. Challenging an estate will is emotionally and financially draining for both parties. Therefore, one must take into consideration the pros and cons before deciding to defend a will in probate court.
Am I eligible to contest a will?
Only interested persons i.e., family members, creditors, beneficiaries, as well as third parties that have claims against the probated estate can contest a will. Below mentioned are the legal grounds to contest a will:
- Excessive influence
- Unethical execution
- Existence of a valid previous will
- Obscurity found in the terms of the will
Does a will dispute litigation have legal repercussions?
The most obvious drawback when contesting a will dispute is the cost of bringing legal action to the court. Most individuals will hire professional dispute attorneys to handle their estate litigation cases. Based on the size of the inheritance and how complex the case is, it is not a sound financial decision to bring in legal action. However, if the estate holds several valuable assets, it may be worth your time and funds for probate litigation.
Only a reliable professional like Orcus Law LLP can offer first-class advice on whether contesting a will is worth pursuing.
How does one defend a contested will?
An unlucky event that occurs sometimes during probate proceedings when people learn they must defend their inheritance. When an executor submits a will into probate, the court will blindly accept them without a challenge. But have you considered, what happens when a party challenges the deceased’s estate planning documents? Executors will only be aware of the will contest after receiving a summons or a verified complaint from interested persons claiming that the will is unsound. If this happens, it is the legal job of the executor to defend the inheritance of the heirs sincerely. Only an executor or an individual appointed by a court of law can defend a will.
Grounds to defend to a will?
A person may defend a testator’s estate planning documents under the below-mentioned three
1. If the claim made to the will is valid
2. The terms in the estate planning documents are valid
3. If the executor is correctly executing the estate
Is it important to hire a will-contest defence attorney?
To ethically meet the obligations owed to the heirs, the executor must employ defence litigators to defend contested wills. However, the court of law may allow an executor to defend the estate if the attorney specializing in estate litigation is in Mississauga.
Estate litigation are fact-specific cases, and it usually takes longer to resolve. The proponent and contester must follow the complex probate procedures and laws when bringing a will contest to a court of law. Since this area of law is testing, interested persons should abstain from legal action on their own when defending or contesting estate litigation in court.
If you are involved in a will dispute, please do not hesitate to reach out to the team at Law LLP today for more information.