An Overview of Contesting Against The Will!

Contesting a will refers to challenge a will of the deceased person by the family members in the case of any disagreement or dispute upon the distribution of property. Contesting a will or property document is a stressful procedure and should not be taken calmly. The situation of will challenges arises when the family members of the deceased believe that the will is not valid. A family member has the right to contest a will if he or she feels that it is not favorable and write incorrectly. The will can be challenged in the case when the will writer is not healthy and sound minded during the writing, or he wrote up the will under any pressure or forced fully. Contesting a will in Sydney is legal if the challenger presents the proof of legal requirements to the court.

If the challenger fails to produce any proof for the invalidation of the will then the court will believe that will is legal and order the court officials to take action against the challenger. So if any family member wants to contest the will of a deceased person, then he or she must have to show solid proofs of the illegality of the Will.

A person could challenge the will for settlement if he were the financially dependent on the deceased person. A minor or mentally disabled person can make such contest on the will of the deceased person on the court. The legal beneficiaries of the deceased person’s property and assets receive their shares in the lump sum payment, but the person who makes a challenge for the property will get the amount in the form of maintenance payments.

Contesting a will, Sydney is also possible in the case of loss of the original will. A person can challenge the duplicate copy of the will if the beneficiary fails to prove its validity. An individual may also contest the will of a deceased person to claim legacy if he was the recipient of the former will.

The people who can challenge the will of a deceased person includes spouses, former wife or husband, step children, grand children, and other people who were the members of the deceased person’s family previously.

The executors and trustees of the will are responsible for defending the will of a deceased person and to distribute the share of the property among the family members. The family members who are seeking out to contest a will need to consult with an experienced and reputed property lawyer because these disputes are very complicated and difficult to settle.

If the will challenger’s intentions are right to get the share from the building, then it is important to get the services of a skilled estate lawyer because other beneficiaries will also try to prove their points and statements to defend the will challenge.

It is also advisable for the will challenges to produce the valid evidence to courts regarding the illegality of the will because in the case of failure to provide the proofs the court can impose severe criminal defeats on the challenge.