Will Disputes Feb. 28, 2016

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Why There Are Will Disputes


Will Disputes unfortunately, disputes in regards to wills and inherited wealth have become more and more common over the years. Complications between families, and more valuable estates are common causes for will disputes. Other reasons include a failure to comply with legal formalities during the creation of the will or the will being fraudulent, the will not reflecting the deceased loved one’s wishes, or a lack of mental capacity on the part of the deceased loved one when the will was created. There are two common types of disputes over a will. The first is over inheritance, and the other is over the will itself: forgery, influence, or lack of capacity. With more and more people suffering from dementia the latter is increasingly common.


Reasons For Disputes


As sad it may be to consider, a fraudulent will is more common than most people know. Usually, the testator’s signature is forged or amendments are made to the will. Some even go as far as to use false documents for the will to be prepared or executed. Making a claim of a fraudulent will is a serious claim with hefty legal consequences. If fraud is suspected, a full investigation is carried out. This include interviewing friends and family, obtaining previous copies of the will and copies of medical records. Sometimes, a forensic handwriting expert is utilised to check if signatures or other writing in the will have been forged.


Disputes


If you are wishing to challenge a will, or if you are the acting executor for an estate where the will is being contested, you will want to employ the help of highly qualified solicitors. They will be able to provide you will practical advice and help manage your claims in the most effective way. Under the Succession Act of 1965 the appointing-your-executor, people writing their will are limited as to who they can leave their estate to and in what proportions. This allows for certain people to make reasonable claims for a person’s estate if they were left out of the will. People who are allowed to make claims include spouses, children, civil partners and, in some cases, cohabitants.


Time is of the essence when making a claim to contest a will so it is best to get in touch with a solicitor as soon as you can.





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