When people pass away, it’s their right and obligation to pass on their legacy through the last will or estate planning. The production of these legal documents will clarify what the deceased benefactors will pass on as liquidated assets. However, there are cases when these individuals can feel underrepresented in a person’s will. This is why they have the right to contest a will, as long as they have the right grounds and enough evidence to support their claim.
Why is it necessary to contest a will?
A person can contest a will for two reasons. Contesting a will allows you to question a will’s legitimacy or if you feel that your inheritance from the deceased’s estate isn’t enough. An executor’s copy may not be the final and most recent will, which is enough grounds to contest the validity of its contents.
Alternatively, you can question the deceased’s mental capacity in drafting a specific version of the will. In this scenario, you must have enough proof that they weren’t mentally apt at the time of writing.
You must prove evidence through credible sources, such as documents that show income, assets, expenditures and other lifestyle needs if you feel that you don’t have enough compensation as a benefactor. Contrary to popular belief, contesting a will doesn’t always mean revising the entire document. In some cases, you can prove that specific provisions were only made after the passing of the deceased. The Court can grant or refuse the grant probate of will, depending on the evidence you can present. Otherwise, the executor will proceed to the distribution of the estate according to the legally accepted version of the will.
Who can contest the contents of a Will?
Before you can even contest a Will, you should first consider your eligibility to do so. You will be eligible if you classify as the deceased’s spouse, child or dependent. Although the immediate family members’ definition is straightforward, there are more loose qualifications for being a dependent. However, if you’re financially supported by the deceased even upon their date of death, you may be eligible to contest their Will.
Until how long can I contest a Will?
Different nations have varying rules on how long you can contest a will after the deceased’s date of death. In Queensland, a person planning to contest a will must submit a document in writing within 6 months of the deceased’s passing. If the executor receives no notices for a potential claim after that period, they can legally distribute the estate accordingly.
However, a claimant can submit an application “out of time” under the Court’s discretion. This can occur if the estate hasn’t been distributed and even if there’s a justifiable reason for the delay submission from the claimant. Besides dismissing the claim due to its lateness, they can also deny a claim if the claimant is proven to have engaged in unconscionable conduct.
The complicated issues with a person’s passing occur due to the deceased’s lack of transparency in communicating with the concerned parties. It’s better to resolve these issues with your immediate family and dependents before you pass on. However, if you’re an inheritor who has issues with a person’s last will, it’s necessary to file your claims with sufficient evidence of your right to their assets.
At Springfield Legals, we ensure our clients that we’re well-equipped to defend their case in court. We’re specialists in handling family law, criminal law and commercial legal provisions. If you’re looking for reliable wills and estate lawyers in Ipswich, contact us today!