When a person finds themselves nearing death, or wishing to plan out their lives in the far future, one of the most important legal things they can do is to write a will. A will allows one to make the important decision of who will inherit their assets, finances, wealth, and properties when they pass away and say goodbye to those they know and love. Although this can be changed over time, the process can be lengthy and expensive at times. It is for this reason that people don’t write wills until they are adults with established families, because by that time they have found their places in life and know exactly whom they want to bequeath their assets to upon death.
For the people who were family and/or close friends to the recently deceased, the big question comes down to: who gets what and who does not get anything. Since we live in a world that is not ideal, often times there is an unequal distribution of an individual’s assets towards one person, leaving the other parties with an inadequate share of the will. To make matters worse, sometimes people who are fairly entitled to a portion of the will are not even included in the document.
Why Does This Happen?
It is difficult to say why this happens to people, in spite of the fact that this is a relatively common occurrence seen in the practice of law. Excluding personal reasons that could have led to the writing of their statement, sometimes the wills are poorly written and do not adequately reflect the true wishes of the deceased. There is not too much that can be done to prevent this, but the most important part is figuring out how to deal with this situation if you find yourself unfairly excluded.
How Do I Contest a Will?
Contesting a will can be an extremely expensive, laborious, and time-consuming process, so it is in your best interest to hire a very good lawyer to see what your options are. Through an initial consultation, you will present your case to the lawyer and outline all the reasons that you feel you were unfairly excluded from the will. After a discussion of realistic expectations for your case, you will be advised on how to act to achieve the desired outcome. For the majority of cases, these matters can be resolved without having to take the situation to court. In the rare case that you may find yourself going to court to contest a claim, the same lawyer you hired will be happy to represent you or refer you to another lawyer who is trained and has professional experience in helping clients win cases.
There is no need to panic and worry if you find yourself in a situation where you feel you deserve a portion of an individual’s will, whether they are a family member or close friend. A lawyer is your best bet in quickly figuring out what your options are, and what the best course of action is.
