People spend a large amount of time in their life creating a niche for themselves. As they age, they would like to leave the people around them to take care of the property who would also benefit from it. A will is the last words of a person that gives instructions to managing a testator’s estate or investment. The terms of a person’s will are often unknown to the other members of the family. It is disclosed at the time of one’s demise. The benefactors of the will are given clause to fulfil which would help them gain the benefits. The terms of it might not be acceptable to the beneficiary. In such cases, people can take necessary actions in the court of law.
In cases where the conditions of a will of a deceased person are not acceptable to the beneficiary, it can lead to contesting of a will. People cannot contest a will according to their whims. You should have solid grounds to do so. Proper reasons and conditions need to be given as to why it is unacceptable to the beneficiary. To get their voice heard to affect changes, you would need the expert advice of people like the services provided by San Francisco Barr & Young Attorneys that help you in the way. It is important to remember that contesting of wills is considered just a waste of your time and money as it might not yield the desirable result in the end.
The most common grounds which are observed during contesting of wills are the unfit mental health of the person at the time the will was made. In other cases, a will can be contested if people suspect that the deceased person had been influenced by another person during this time. Yet again a will can be challenged if people can prove it to be fraud or due to improper execution of it.
When to contest a will?
The most predominant cause for will contestation is incapacity to understand the conditions due to the presence of the feeble mental health or under the influence of another person. In such cases, the validity of the will is questioned. In other cases, a third person can influence the disposing of the property under duress which is not beneficial to the benefactors. Will Fraud is not a common ground for contesting wills. In cases of fraud will can be challenged because they are the beneficiary is a “disqualified person” who should not have benefited from the will.
Legal aid that helps to hear your opinion
In some cases in people living the execution of the terms of a will is monitored by a board of trustees. These people would ensure that the terms on the will be executed to the word. In the case of breach of terms would need to act differently. The beneficiaries are often not left with a choice to but to seek legal help to challenge the will. There are many law firms that have expert lawyers who would allow you to get your voice heard in the court of law like the San Francisco Barr & Young Attorneys. They have experience in dealing with such cases and have offices in various places throughout Northern Carolina. You can get there expert legal advice to ensure your problems gets solved.