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Disputing A Will

No-one ever really wants to dispute a will as it always ends in arguments and people not talking to each other etc… however sometimes many people have a legitimate case to argue against the terms of the will itself and it is here that we find the legal term contentious probate.

Basically you can dispute a will successfully in a few different ways and these relate to different issues. The most common is the fact that the person who made the will was not of sound mind when it was actually written and drawn up or that they were under the influence of someone who had an ulterior motive for having you removed. Things like this can be very hard to prove – although not impossible – and it will most likely be down to the skill of your solicitor to successful argue that the deceased person was not mentally capable of making rational and sound judgements when the will was either drawn up or when it was changed.

Another common reason for disputing a will is when provision in that will are made for children – this can relate to who they are to be cared for in the instance of their parents dying etc… Again it can be difficult to reverse this if it is already in the will and that the parents or lone parent has indeed passed away however it is not impossible and people have been able to prove that the child’s best interests would be to be under the care of another person and not the only in the will. Whatever the reasons for changing the will, or trying to get it changed anyway, you will need a good solicitor who can find your case and there are plenty around that specialise in this section of law.

02.02.2012. 15:31


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