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Contesting a Will with Property Settlement Agreement Lawyers

Contesting a Will with Property Settlement Agreement Lawyers
 When a person passes away, the wealth of their estate and personal belongings are distributed among their family members. If the person does not have any family closer than a first cousin, the government will take control of their assets. There are also instances in which the validity of a person’s Will can come into question. If there are doubts or difficulties that arise after a Will has been made, property settlement agreement lawyers can help challenge the Will to ensure that it is valid and that all family members were properly provided for in the Will.


That is why it is so important for people to leave behind a Will to their loved ones. Not only does it allow people to take control of how their estate is distributed, but a Will can also go a long way in providing for the people they care about after they’re gone. A Will allows you to leave particular items to certain people, leave instructions (such as funeral arrangements) and appoints a person to take care of those instructions once you have passed away. It must be witnessed and signed by at least two other people in the same place, at the same time, in order to be valid.


When Does a Will Take Effect?

A Will comes into effect only after the will-maker has passed away. There are, however, a few things that can revoke or change the terms of your Will. If you plan to marry or divorce after a Will has been made, you may need to update your Will.


Adding family members, like children or grandchildren, is another instance in which your Will may require updating. You should always seek legal advice when your situation changes.


Can My Will Be Contested?

A Will can be contested on the grounds that it is not valid. However, the person contesting an invalid Will would have to prove that the will violated one of the following provisions in the process.


A Will can be challenged if it was not your last will or another Will was made at a later date. A person can also contest the Will if it was not properly signed and witnessed or if it was changed after it was originally signed. If it can be proven that you did not have the mental capacity at the time the Will was made or that you were forced or pressured (rather than simply encouraged) to make the Will, it can be nullified as well.


This is why it is very important for people to start thinking about making a Will while they are still well, so their mental capacity cannot be questioned after they’ve passed away. Certain categories of people, mostly immediate family members, can also contest the Will within a certain time period of your death or the grant of probate if they believe that they weren’t properly provided for in the Will. This is called a ‘family provision claim’ or a ‘family maintenance claim’.


Drafting your Will with a lawyer can help reduce the chances of having your will challenged and ensure that your estate is protected in the process. If there is a dispute about the validity of your Will, property settlement agreement lawyers can help resolve the situation and make sure your family is well taken care of.

Avoid DIY Will and Estate Kits

There are many do it yourself or "DIY” websites that boast easy and quick tips for creating a will. This appeals to people because of the low-cost, however, there are many legalities which require experienced advice. What seems like a cost-effective solution now can leave your loved ones in an emotional and draining situation. To protect the integrity of your wishes, the estate left behind can be depleted due to high-cost legal fees.

Choosing to seek legal advice from experienced property settlement lawyers today can prevent complications for those you leave behind. Estate laws can change from state to state, so you should seek legal advice from a firm based in your community. There are many qualified lawyers available through online channels. Discussing your needs openly will allow an estate lawyer to provide you with candid feedback regarding the costs associated with wills and estate planning. If there is any doubt in the authenticity of your will, the estate could go before the courts through probate. Grey areas can be contested by those who question the division of assets which can leave loose ends untied. A property settlement lawyer will take the time now to iron out the details and support your executor during the difficult time when they are called to represent your wishes.


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