When someone leaves a will, their assets need to be divided between the different people who have been named. This is a process that you will want to run as smoothly as possible. However, sometimes this can be a difficult process because you might want to have the will contested.
This happens when someone thinks that there is a problem with the will and that the content needs to be challenged. There are several reasons why this will happen.
You might think that the testator did not have the mental capacity to make the will. You may also think that the will is a forgery, or that someone else had undue influence on the will-making process. Threats of violence or intimidation are also a valid reason for having the will challenged.
There are a few steps that you will need to follow when you are contesting the will. What are they?
Contact A Law Firm
The first thing that you will need to do is to research several different law firms. You will need to make sure that the law firm has a lot of experience in helping clients who are contesting a will in NSW. You should look to see whether the firm has won any specific awards for this area of law. You should also talk to your friends and family so that they will be able to recommend a good lawyer.
Then you can move onto the next part of the process.
The Law Firm Will Make An Appraisal
When you have found a law firm which will be able to help you, it is time for the lawyers to give your case a full appraisal. They will listen to what you have to say. They will ask you about your relationship with the person and what kind of assets the person left behind. They will also ask to see a copy of the will so that they can have a clear look at the evidence.
Then they will weigh up whether you have a case that is strong enough. You can then move onto the next stage of the process.
The Executors Of The Will Shall Be Notified Of The Challenge
The executors of the will are the people who have the responsibility of taking care of a person’s financial matters after they die. This is something that is extremely important. The executor or executors will need to be informed that you are going to make a challenge of the will. They should be presented with as much information as possible so that they know exactly what is going on.
The Evidence Needs To Be Gathered
You will need to gather all the evidence together so that a proper challenge to the will can be made. The evidence should be handed to the lawyer.
The Case Can Go To Court
Then the case can go to court.
You should follow a step-by-step process when you are contesting a will.