How to choose a lawyer before contesting a will?

Choosing to contest a will is a touch decision. Not only it can be emotional wrenching, but it also falls in a complex area of law. For this reason, it can be a good idea to hire will dispute lawyers to act on your behalf during legal proceedings, especially if your case goes all the way to court. They will be able to advise you on what to do and take care of the entire legal process. But before you choose a solicitor to help you dispute a will, you should know on what grounds you can contest a will. 

There are several reasons that an individual may contest a will and some of the reasons are given below:

Fraud: This is the condition in which the testator did not actually create the will being submitted, the testator was tricked into thinking that he/she was signing a different document other than a will or the signature of testator was forged.

Undue influence: Through bribery, threat, blackmail or other influence, an individual convinced the testator to change his/her will or to write a will that benefitted the offending individual over others. 

Mental incapacity: The testator did not have mental capacity or sound mind to sign or write the will. 

Improper procedure: The will does not meet the validity requirements as listed under the state law. For example, the will was signed in the absence of witnesses or not signed by the testator.

The above are some of the reasons to make family provision claims and hire an expert lawyer for it. Before proceeding, you must know why exactly you want to hire a solicitor. For example, do you want to contest the way the administration of the estate has been handled or just the provision of the will. Your specific requirements can affect your choice of Will Dispute Lawyers. It is sometimes beneficial to conduct research about wills before taking any action. If you are eligible for contesting a will or making family provision claim then you should think that will you be successful in it? If you think you are, it is time to start looking for Will Dispute Lawyers.  

After this you should try to consult with a lawyer who is experienced in this kind of law. Unless you already know a solicitor specialising in helping people contest a will, conducting some research online is probably the right place to begin with. In fact, it is such a specialised area that you might find no local solicitor, so you might decide to instruct a forward thinking Will Dispute Lawyer at a distance, dealing with your case through email and telephone.

Choosing the right legal advice at the beginning is crucial and this should mean that they are aware of all legal requirements surrounding wills and have relevant expertise. When choosing your lawyer for family provision claim, you also need to make sure that you are comfortable working with them. Seeing a lawyer for an initial consultation might give you an insight into how your case will progress. 

You also need to be discerning when choosing your lawyer to contest a will: if you find that one lawyer tells you what you want to hear then this may not be a reliable advice. This is especially true if every other lawyer you speak to tells you a different story. Think about the opinions you get and use them to make an informed decision. 

You should also remember that having a solicitor on board to assist you in disputing a will doesn’t necessarily guarantee your success. This highlights the importance of hiring the right lawyer as they will be able to inform you the best steps to take and what your real chances of success are. 

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Created on Mar 15th 2021 14:27. Viewed 239 times.

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