What Mistakes Should You Avoid When You Are Contesting A Will?
Challenging the contents of a will is something that people hope that they never have to do. This can be a distressing time for all the people who are involved, and you will want to resolve the problem quickly and without causing too much friction between the rest of the family.
There are several pitfalls that you need to avoid when you are going through the will challenging process. These mistakes may harm your chances of making a successful challenge, so you need to be extremely thoughtful no matter how distressing the situation is.
What are the biggest will challenging mistakes to avoid?
Not Acting Quickly Enough
Some people assume that they have lots of time when they are challenging the contents of the will. This could lead to problems and the assets might have been distributed by the time that you get around to making the claim. You will feel frustrated that you did not act quickly enough.
As soon as you notice a problem with the will, you should begin to search for a qualified lawyer who can help you throughout the process of challenging the will. This will put your mind at ease and you can complete the process quickly without any difficulties.
Not Being Aware Of The Law
You should read about the law so you can make a family provision claim in NSW properly. The Family Provision Act says that people must seek to provide for loved ones after their death if they have assets. You will have a better chance of succeeding if you know the law.
Not Using A Qualified Lawyer
You will not be able to complete the legal challenge on your own because there will be too many pitfalls for you to navigate. The lawyer will be able to help you building your case when you are trying to make a claim for the money that you feel you are owed.
You will be able to concentrate on building a very compelling case when you are being helped out by someone who has years of experience. You can also concentrate on your job and spend time with your family
Not Taking The Advice Of Family And Friends
Ignoring advice from people who have been through the same process as you could mean that you miss out on some vital information.
Not Making A Compelling Case
Some people are left out of wills for perfectly legitimate reasons and they then think that they can challenge the will to make sure that they receive some money. You will need to offer proof that you have been unfairly left out of the will.
Once you have submitted the evidence, you will be able to prove that this was an unfair decision. For example, you will want to prove that you had a harmonious relationship with the person who left the will.
A successful challenge will allow you to gain a portion of their assets.