Even The Most Secure Wills Can Be Contested Legally

| Tuesday, November 29, 2011
By Mark Ferguson

Wills can be contested, even if the deceased made sure that it was properly executed. Pay attention however, because there are strict rules that govern who can contest it and why.

A will however, cannot be contested by just anyone. Those who wish to contest it; must have been named or ought to have been named in it. They must also have a familial connection or one where the deceased provided for them financially.

The 1975 Inheritance Act, protects the family members and dependents of a deceased individual. It ensures that they have an avenue to contest the last will and testament prepared by the deceased.

This act however, only allows those seeking to contest the will a six month window. This window begins on the day of the validation of the will by the probate registry in the state where it was prepared. If they fail to contest the will within the six month time period; they can make a special request to a judge or check to see if state laws will allow them to make a claim even past the designated time stated in the act.

One must also remember that without a valid reason and proof of that reason; they cannot contest the will. According to laws the only valid reasons that exist for contesting a will includes: proof that the deceased was influenced in some way while writing the will, and drastic life changes such as: marriage, divorce and death, all of which may affect inheritance.

The most important factor about challenging a will however is communication, remember wills can be contested, but everything has its own price. So many families end up with unnecessary conflicts that last even after all the dust has settled. Remember, if it is necessary to contest a will, take the time to talk to other family members about it and inform them of your true intentions. This will go a long way in with some family members who may feel that the challenger is either trying to get some of their share or trying to get too much.

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