Contesting a Will
Are you feeling vulnerable and distressed after the death of a loved one?
You have lost someone close to you and now find out that the terms of a will are not what you expected. It adds to the tragic circumstances and makes you feel distressed and bitter about your loss. You decide you need to contest a will.
Sometimes life doesn’t seem fair when you lose someone. You felt even more upset and disappointed when you find out that you won’t be receiving what you believe you are entitled to and deserve.
Contesting a will can be a highly emotional and distressing time for all concerned.
We can provide you with advice in plain English regarding your rights to contest a will. Then talk through the steps that need to be taken to ensure that you receive your fair share of the estate. The last thing you wish to do is cause more distress to your family at such a sad time. We can help you to achieve a better outcome for all concerned by negotiating a settlement on your behalf. However if a settlement cannot be negotiated, we can guide you through the steps that need to be taken to lodge a claim with the Supreme Court.
The majority of the time when contesting a will, the matter will settle by negotiation or mediation. If it is necessary to go to court because an agreement cannot be reached by negotiation, the parties will usually be required to attend mediation before a Registrar of the Supreme Court as the first step in the court process. Quite often an agreement will be reached by mediation. Therefore, only a small percentage of matters when contesting a will end up in a court hearing.
The cost of contesting a will, in most cases is paid for out of the proceeds of the estate. Therefore, you don’t have to forgo your entitlement to your share of the estate because you cannot afford a solicitor.
There are strict time limits when contesting a will. Therefore, it is important that you obtain advice without delay. Otherwise, you could find that the time for making a claim may have lapsed.
To find out more about how to contest a will or to better understand your rights and obligations, contact Patrick Sheridan, today.