Increasingly beneficiaries are taking action against the Will of their deceased relative as they believe they have not been treated fairly.
They may believe that they have not been awarded with what they were expecting from the will, what they feel they deserve, or may receive nothing at all. Ill-feeling among families is sure to result, and it is best to think first of the wishes of the deceased person. Was someone excluded from their legacy with good reason? Did one member of the family do more for the person while they were alive? Is it enough for an absent member of the family to expect the same value of bequest as another member who had cared for the deceased person in times of illness?
These are all questions that may come up at a time when a family is grieving over a loved one. The best thing to do in a situation where either the validity of a will is contested, or a party named in the will feels that they have not been left their fair share, is try to discuss it among family members. Maybe the complainant will see another point of view, maybe not, but it is the wisest course before consulting a specialist inheritance claim solicitor. The executor of the will should, in any case, already have appointed probate solicitors to guide them through the process, and they will be able to advise them.
If a resolution cannot be reached through family discussion, then is the time to seek specialist legal advice if you are still intent on making an inheritance claim. But it is safest to advise your family that you intend to do this – a solicitor's letter landing on the doormat out of the blue is a horrible thing to see, especially during a period of mourning.
The solicitor dealing with your inheritance claim will work on behalf of the claimant will need to liaise with the probate solicitors who are representing the executor. Although they both have their separate clients' interests to the fore, these qualified and professional practitioners will be able to come to an arrangement, without letting family animosity get in the way.
If no arrangement can be reached between the two parties, it is a matter for the courts to decide. Whatever their decision, making an 熊本 相続 claim means that one or other party involved will lose and this will only cause more bitterness. It is best to leave these negotiations to specialist solicitors who are accustomed to dealing with the family distress caused by an inheritance claim.
Contested Wills are becoming more commonplace in the legal arena. Due to this it has become increasingly important that when creating your Will you use a specialist Probate solicitor to ensure that your wishes are protected against unwanted inheritance claims.
Even so, after making a will, there is always the chance that a relative or other person will challenge its contents. A recent case highlights what can happen, where a woman who had left 2million pounds to the RSPCA had her will successfully challenged in the High Court by the daughter who had cared for her.
A will can be challenged on three main grounds. Firstly, the will can be challenged if the person making it, the testator, can be shown as not completely in charge of their mental faculties. This can be difficult, for even people suffering from Alzheimer's, for example, can have lucid days when they are completely mentally alert. Was the will signed on one of these days? Getting hold of the right evidence can sometimes be problematic in such cases.