Fighting a will is one of the hardest things you’ll do. Below is everything that you should know before taking the leap. Some of the points would tell you how likely it would be that you’d win the case.
The will might not be valid. For one to be valid, it needs to be signed by the person who wrote it in the presence of 2 legal witnesses. If you doubt this took place, contesting and winning is a very real possibility. There are more minor reasons you could argue that a will might be illegitimate. By speaking to a professional team, you’d be able to make note of this.
The loved one who wrote the will may not have been in the best mental state when coming up with its content. They may have not been in the best mental state when signing the document either.
It’s unfortunately very common for family members who are malicious to manipulate the elderly to change inheritances. This might have been the case, which is why your inheritance looks tampered with.
Threats & Blackmail
Someone may have threatened your loved one behind the scenes. They were in perfect mental capacity, but they might have been blackmailed.
The lawyers you’ll hire would tell you the likelihood of winning if you’re planning on stating that your inheritance was changed due to outside influence, as it can be hard to prove.
Depending on what the content of the will is, you might need a specialized lawyer. Some specialize in fighting for estates. These lawyers would have immense knowledge in fighting wills as well as estate law. Make sure you hire the best estate dispute lawyers – you want experts on your case.
Some wills don’t take a lot of time to fight. You can expect them to be sorted out in a couple of weeks. That being said, there are some that can take months up to a year or two to be fought. Cases that are harder to prove take the longest time to resolve. They also can take a while if there are very valuable assets being fought for.
As the case might take a while, you might be wondering how much you’ll have to pay. This depends on the agreement you signed with your legal team. You could go for one that states you’d only compensate them if they win your case. Quite a few charges hourly, though. The best would have the highest rates.
To sum things up, contesting a will is not the easiest. There is a lot to consider. Depending on what you’re going to be fighting for, the type of lawyer you’ll need to differ. There are many specialized in fighting for real estate. The likelihood of winning the case is high if you can prove that your loved one wasn’t in a proper mental state when signing and creating the document – they might have been manipulated.