A will is designed to distribute a person’s property and assets when they die, and according to their wishes. To carry out this procedure, a legally valid will is required, properly executed, and it has been made when the person has optimal mental ability to perform it and is free from undue influence. However, even though a valid and lawful will has been made and executed, it has occasionally been challenged in court.
A will is inviolable just because someone is unhappy with its terms and thinks the property should be distributed differently; This can only be challenged if the plaintiff is willing to take the matter to court, has valid reasons for the claim and follows appropriate procedures to do so.
Reason for refusing will
One must have reason to contesting a will qld; this means that you must have a financial interest in the proceeds, and the interest doesn’t have to be monetary, it could be real estate or personal property. Agents with reasons to challenging a will qld also include those who present themselves to gain through the law of intestation, in the absence of a will, or the beneficiary named in the will. For example, a child who does not have a will may have reasons to oppose the will, or even a friend who is named in the will but has no rights under will law.
The reason for challenging the will
Family members or heirs who wish to sue the will must do so with valid reasons, for example:
- Mental capacity: You could argue that the testator made a will without sufficient mental capacity to understand what he was doing when the document was created. In other words, that the person who made the will was not at his best mental ability. This is a strong argument because the mental faculties requirements are not too difficult to fulfill.
- Fraud or coercion: You can argue that the person making the will was too coerced or pressured to make the provisions of the will.
- Execution: You can say that the will was not executed properly. For example, the lack of witnesses and not notarized.
If someone wants to challenge a will on this grounds, then they have to follow the proper procedures in probate courts.
Procedure for challenging a will
If you have a legitimate interest and reason to challenge a will, you must appear in a probate court in your jurisdiction with all necessary and supporting documents.
States have different laws regarding conflicting wills, and often there is little time to claim. The probate court clerk can tell you how long it will take you to file. And it is very important that you file a notice of contested wills as soon as possible, to prevent those wills from being tested, or property being shared before the contest.
It is advisable to consult a lawyer fighting over a qld will to perform this type of legal procedure. The court may decide that the will is valid as written, or that the entire will is invalid, or that only part of it is rejected. Therefore, a qualified attorney can help you successfully navigate the probate court system and reach a fair settlement.
Talk to an Experienced Lawyer Today
This article is meant to be helpful and informative, but legal matters can be complex and stressful. A qualified will attorney can handle your specific legal needs, explain the law, and represent you in court. Take the first step now and contact your local will attorney to discuss your particular legal situation.
