You may not know, but if you are thinking
about contesting a will, you need to be very serious as it could be a really
stressful decision to take. Often people take this decision out of anger after
they assume that they have been issued out and not offered the rights the rights
that they deserved. In this situation, it becomes really important that you
consider several points out of which, some are discussed in this post.
Validity of the Will
- The first reason behind contesting a will is that you think that the will currently in question is invalid.
- According to the experts, for a will to be valid, it has to meet certain conditions and if not, it cannot be considered a legal one.
- The term "Conditions" include the fact that the will has to be made by the person of 18 years or above.
- At the time of creation of the will, the person creating it should be in a sound state of mind and realise the implications of creating a will.
- Similarly, he must not be subject to any undue influence, it must be signed by the testator and two witnesses, and neither of the witnesses can be a beneficiary.
- In case any of these conditions does not match, the will cannot be cannot be called a legal one and as you realise this, you can immediately think about contesting a will.
Dependence on the deceased
- The next condition is when a certain person was financially dependent on the deceased by the testator failed to make provision for them in their will.
- In that case too, you can think about contesting a will and make a claim to the court with the reason of receiving a settlement.
- Those entitled to make such type of inheritance claims are the partner of the deceased and any minors or mentally disabled people who were dependent on them.
