A will becomes a valid legal document after the demise of the person who transcribed it. For the family afflicted with the loss, there are some major concerns. The first and foremost is to make sure that the will is implemented. At the same time, the loved ones are bereaved at the loss of their family member.
Another major concern is to make sure that the deceased did not make any errors in transcribing their last will or testament. Probate is the process of making sure that the will is valid. If the deceased did not leave behind a will, the court can decide which inheritors and parties will receive how much money and assets. The legal term for not having a will is known as intestacy.
Can You Contest a Will?
Yes, but not anyone can contest a will. The spouse and child can contest a will on the grounds of being a part of the nuclear family of the deceased. Any other person must have valid legal grounds and proof that they were mentioned in a previous will to be able to contest it. People qualified under these conditions are referred to as claimants.
Some of the basic grounds of appeal are:
- Fraud: A claimant can contest a will if there is proof to suggest that the will is forged. For example, if the person writing the will, the testator, asks someone to legally formalize the will writing Brighton notarization. The person with the original document somehow manipulates the contents of the will to benefit themselves.
- Lack of Execution: The will needs to be signed by the testator in front of at least two witnesses. Both of the witnesses must then bear witness that they have witnessed the signing of the will by the testator. If any part of this procedure has not been followed the claimant can file a dispute.
- Lack of testamentary capacity: The testator must be of sound mental capacity at the time of transcribing the will and signing it. They must have sound judgment to comprehend the full extent of their estate and belongings.
- Misappropriate compulsion: The claimant must be able to prove that the testator wrote the will under unnecessary strain or compulsion. The compulsion can be psychological, financial, or emotional pressure. Even if all of the above conditions do not apply this condition can still be applied.
What is the Time to Contest a Will?
A claim should be made as soon as possible because once the probate period is the will is executed. You do not want to be too late. To place a claim according to the inheritance Act it must be made within six months of probate. The time to contest a will also depends on the type of claim being made.
- Fraud claim: There is no time limit for a fraud claim as long you have the proper evidence to support your claim.
- Beneficiary contesting against the will: Beneficiaries can claim the will within 12 years from the date of death.
- Inheritance Act: Claimants have six months from the grant of probate to make a claim.
- Maintenance Claim: Claimants have six months from the grant of probate to make a claim.
