Most of the wills are there, which is supported in the courts, but there can also be some legit reasons that a will be overturned. The loss of any parent or parents is a very hard time. Besides that, this kind of loss can create rifts and cause issues among the siblings. In addition, the biggest cause of all problems is money, and it rears its head in any such issue. If there has been a will dispute and your sibling has chosen to contest the will of the parents, then it is very important that you have a good Will Dispute Lawyers Brisbane and know the reasons why a will can be overturned and know more on how do you contest a will
Let’s look at the contestation of a will. A will can be described as a legal document, and that can also be the last document, and it cannot be easily tossed aside. Just because your brother or sister chooses to contest the will doesn’t mean they are really going to overturn the will. When siblings feel slightly hurt, they can threaten to contest a will. Challenging a will is time-consuming and also a costly affair. Let’s look at what is called “challenging or contesting a will.”
Contesting a Will or Will Dispute-
As per the law of probate, a will is a legal document that can only be disputed or challenged by the spouse, children, or any other person whose name is mentioned in the will or has been there in a previous will. When any one of these people, whose name has been in a will or was in a will, notifies the Court of Law that they believe there is an issue or some problem in the will, then a will dispute or contest begins. One of the things that you should know is that your sibling or spouse cannot have the will overturned just because their names are not mentioned in the will, or because your parents said that they have other plans for them, and so on.
Only the last will and testament can be contested during the probate process when a legal question arises about the will or the process by which it was made. The question should be a valid one.
Will Dispute: How to Challenge a Will?
As per the probate court, if the last will and testament is in the proper format, then it shall be presumed to be a valid will. When the person who disputes the will notifies the court, the process of challenging the will begins.
Legal Reasons for Challenging the Will-
You know about the legal reasons for challenging the will. It is very important that you hire a good Will Dispute Lawyers. Some of the licit reasons for disputing the will are as follows:
- Signing of the Will and Witnesses:
The way the will is witnessed and signed is one of the legal reasons on which the will can be challenged. A will can be declared invalid if there is a problem with its execution. “Execution” means how the will is witnessed and signed. If the will is signed and there are 2 witnesses, and all of the requirements of the state are met, then there is no issue. If the signature is not of the testator and the witness also did not sign it, then there could be a problem and it could raise questions about the validity of the will.
- Mental Capacity of the Testator During the Signing of the Will-
One of the most common reasons why there is a dispute or argument for a will contest is the mental capacity of the testator. The situation is most commonly referred to as that the testator did not have the mental capacity or the testamentary capacity to sign the will. Besides that, mental capacity would not mean that your parent was totally in a low mental state. In many states, it would mean that the standard is a bit low. Especially, if your parents knew about their assets and what they had to give away, if they knew who their heirs and beneficiaries were, and if they understood the effect of the will, then they had the testamentary capacity to create or make a will. People who are suffering from dementia and are in the early stages can meet the standard.
- Fraudulent Will-
If the will has been signed by the testator or has been forcefully signed by the testator, then it is not a valid will. Some of the examples of fraud are that someone is handing the testator a document, assuring that it is a health care or a real estate contract, and making the testator sign the document. When it is a will in actuality, then it is a fraud.
- Will Under Influence
If the testator was influenced at the hour of signing the will, then the will also be invalid. Some of the common examples of undue influence are that a caretaker is taking care of the testator and has complete control over the testator and can make the testator agree on anything, including the signing of a will, which the testator doesn’t want to. Then it is called undue influence.
Benefits of a Will Dispute Lawyer or Need of a Lawyer for Will Dispute-
One of the things that you should know is that a will and estate lawyer in Brisbane will help you with all your problems related to succession law. Some of the common areas where a dispute lawyer can greatly assist are as follows:
Contesting a Will-
If your name is not there in the will or you feel left out, then the will disputes lawyer in Brisbane can help to make a provision in the family application on the basis of no win, no fee.
Challenging a Will
Due to factors like duress, undue influence, or incapacity or fraud, if you feel like challenging a will, then you can do that with the help of will dispute lawyers in Brisbane, as they know the knack of handling every unique kind of case related to wills and fraudulent wills and many others.
Defending a Disputed Will-
A will dispute lawyer in Brisbane can also do that for you, especially if you are the executor of a contested will, or if any other person is contesting a will, then the lawyers in Brisbane can help you to fulfil your obligations and uphold the will, and also defend the family application. The lawyers accept the payment of a fee until the dispute has been completely solved.
Defending the Entitlement-
A will dispute lawyers in Brisbane would ensure that the beneficiary’s viewpoint is taken into consideration if you are an heir or beneficiary of a contested will and your inheritance is under challenge or threat. It is also the duty of the executor to uphold the will for the benefit of the beneficiary.
Rectifying and Interpreting a Will:
If there is any kind of ambiguous clause in the will, then a will dispute lawyer can help you with correcting the clauses and they can even apply to the Supreme Court for an order clarifying the meaning of the will to make sure the executor is not responsible for improper distribution of assets. A will dispute lawyer can also correct a clerical mistake or error in the will as per S. 33 of the Succession Act, 1981.