Don't let Contesting a Will Take over Your Life, Seek Professional Advice Instead
Through the difficult time of losing a loved one, that
last thing that you need to think about is legalities and complications
regarding a Will. There's never a good time to say goodbye to someone who was
close, and it's even harder when a Will is contested and things don't go as
smoothly as everyone had hoped.
Here's why you should never take on the burden alone, and
why it is beneficial for you and the whole family to seek professional advice
when you need it the most.
Most of us aren't familiar with the legal terms regarding
Wills because we never have to be until it's sprung upon us.
There are different circumstances concerning Wills, and
sometimes there are different paths to take depending on the situation
surrounding the Will and the family and friends involved.
When a Will is contested, it may be because a member has
been left out of the Will, or someone who is in the Will is unhappy with the
way things have been shared between those named.
It might be, for example, that the 'favourite' has been
left everything, or someone has been left out that feels they were very close
and haven't been looked after as they should have been. These types of
challenges can either challenge the fairness of the Will or may even be
suggesting that fraud has taken place. Those who lodge a challenge want to have
the Will changed to something they consider to be more justified.
Walking
the Tightrope
Every
Step
Following on from our last section, having legal advice
right from the beginning will help you make clear and well informed choices.
Taking legal advice is absolutely essential with such a volatile and difficult
topic as contesting a Will, see http://www.tollers.co.uk/page/contesting-challenging-will
for a legal service that may be of interest.
Will contestment could lead to family rifts, and tough
decisions that may cause resentment or regret in the future. Right from the
start, you may even decide that once you've received advice, contesting a Will
isn't the right thing to do! Going ahead in the cases where the will is
contested, could mean accepting a long and lengthy process. Having professional
advice throughout, and someone who will work around the clock to arrive at a
just, unbiased and beneficial solution for everyone is absolutely invaluable.
Contesting a Will usually takes at least a year, but can take even longer if
there are significant complications, assets or many family members involved.
For the sake of your health and your life during this time, it is never worth
taking on such a task alone.
Neutrality
One of the most difficult things to cope with during the
loss of someone so close is the emotion of it all. Every family and friend
grieves in a different way, and this emotionally charged environment can make
it extremely difficult to negotiate together without the help of someone
outside of the situation.
Ultimately, the most important thing is that the testator
is respected, and all of the people that they held dear are looked after and
honoured for all their love, support and family bonds. Especially when conflict
arises, it is a great help to have someone involved whose motivation and advice
is neutral and only focussed on the best outcome for all concerned.
Conclusion
Not many people will ever have to experience the
difficult process of dealing with a contested Will, and for those who have it
is a new and sometimes intimidating experience. It can take its toll on
personal relationships, stress, and lives for months and years. There is no
benefit greater than having professional advice and support from those who have
helped others time after time before in similar circumstances.
No matter what, protecting your family and honouring the
lost loved one comes first, and seeking professional advice instead of taking
on such a task alone will help to achieve that.
Image Credits: Ken_Mayer
and wht_wolf9653
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