Spouses and/or children often contest the contents of a deceased person’s will following the death of a family member. In order to challenge a will, you must engage the services of an experienced estate litigation lawyer who can guide you through each step of the process and explain your options. Legal advice is essential before you take any steps related to contesting a Will because it is costly and time-consuming. It is also essential to provide evidence to support your claim if you wish to contest a Will. Most importantly, you should start looking for lawyers In Winnipeg for wills to assist you through the process.
Steps for Challenging a Will
In the event that you believe your objection to the will merits a hearing by the court, court proceedings must be initiated after engaging an experienced estate litigation lawyer. An objection must be filed, a motion must be filed for the return of the certificate of appointment. A request must be made to prove that the will is solemn. To set out how the challenge will be handled, a motion for directions is usually required.
The Notice of Objection
Often, challenging a will begins with filing a Notice of Objection. There will be a notice explaining the reason for the objection, as well as an explanation of the interest in the estate. Until an objection has been removed from a notice filed, the court will not process an application for a certificate of appointment of the estate trustee.
Mental capacity
When dealing with estate litigation, it is important to seek the disclosure of medical records in order to determine testamentary capacity. In order to prove that the will was drafted after the deceased had the necessary testamentary capacity, the deceased must have understood what his or her estate contained and how it would be handled after death. A court proceeding to invalidate a will may be aided by records showing otherwise.
How Much Does it Cost to Challenge a Will?
The judge is always the final authority when it comes to costs in estate disputes. Most estate disputes end with the loser paying some of the winner’s legal costs. Nevertheless, litigants should be aware that it is rare to recover 100% of their costs, as the judge will allocate costs to each party according to his or her judgment.
When beginning a lawsuit shortly after losing a loved one, it can be emotionally draining, particularly if the case is being handled by a family member. Entering into estate litigation against other beneficiaries and disputing written wishes can be draining. Prior to filing a lawsuit, it is necessary to consult with an experienced estate litigation lawyer. This lawyer can effectively manage the process and ensure that your challenge has any chance of success.
Get the Legal Help
To determine if you have the legal grounds to challenge a Will depends on whether you have been unfairly excluded from it or are questioning its validity. Any kind of legal help regarding a will is offered at Tacium Vincent & Associates. You can rely on their highly experienced team to get you through difficult legal situations.
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