Do You Have the Right to Contest a Will?
Whenever somebody passes away, there will inevitably be a period of mourning and reflection, as arrangements are made for burial or cremation and the associated service. If the individual in question had made their last will and testament, then the details will subsequently be revealed and their estate will be distributed in accordance with their wishes. Sometimes this can be a straightforward situation, but it can also lead to confusion, upset and dispute. In this case, the will itself may not represent the last word on the matter as it is sometimes possible to dispute this document. If you feel aggrieved and would like to consider a dispute, are you eligible for one? If so, what do you need to know?
Proving Eligibility
The law may vary in different jurisdictions, and you will need to consult with an expert to know how you stand in your particular location, but often you will need to have been a 'dependent' of the deceased person in order to contest a will. This means that you could be a parent or a child of the deceased or anyone under the age of 18 who may have relied on the deceased at the date of their death. The nature of the relationship can be somewhat complicated, and you do not necessarily have to be directly related to the individual. Nevertheless, you will probably need to prove that you were substantially maintained by the deceased as of the date of their death.
Proving Grounds
Even if you are eligible, you still need to determine whether you have actual grounds to contest the will. Typically, you need to show that you will be worse off due to the fact that you've been left without adequate provision for maintenance or support, which you would have expected to come out of the deceased estate. In order to prove this, you will have to detail your financial position and the full nature of your relationship with the deceased. You will have to show just how much support they gave you up until the end of their life and exhibit your current standard of living.
If you can show that you made contributions to the deceased prior to the death, either directly to their estate or in kind, then that may be relevant to the court. If the deceased made any statement or promise to you about their will and you have that in writing or in some other medium, this could bolster your case.
Getting Help
Of course, it can be difficult to define exactly what 'adequate provision' may be as it will almost always vary from case to case. You will need to put as strong a position forward as you can, and to help you do so, you should engage an estate litigation solicitor. They will have had experience of such matters in the past and may be able to present your case in a much stronger light.