Making a Will is one of the most important things a person can do during their lifetime. Like many things in life though preparation is the key and very often people fail to take the time to put in place a Will that carries out their wishes. An integral part of making a will should include seeking legal advice. Why? The reason is simple. Whilst the law recognizes a person’s right to decide who inherits their estate, the law equally recognizes a person’s right to contest or challenge a will. Also failing to make a will at all can be a time-consuming and expensive process for family members that can be avoided if an up-to-date will is in place.
There are often genuine reasons why a person should contest a will. For example a will made out of spite can have devastating effects for a family. Likewise a will that is so far out of date that it fails to take into account the person’s true circumstances at the time they die can have similarly devastating consequences for an already grieving family.
Typically a will may be challenged on two grounds. Firstly, because a person has been left out of will or unfairly provided for in a will. Or secondly, because the person who died left a will in which they did not have the mental capacity to understand what he or she was signing.
There are strict time limits that apply for challenging a will and it is essential that legal advice is sought.
Whether you are a person seeking to make a claim against another person’s will, or the executor named in a will, or a person needing to make a will, obtaining legal advice is essential.
At Everingham Solomons we have the expertise and experience to assist you with your Estate Planning needs and claims for a more equitable share in a person’s estate. We can work with you to identify the legal issues relevant to your situation and advise you of the options available so you can make an informed decision that’s right for you, because Helping You is Our Business.
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