Passing a close member of the family is a tough time. But what makes it worse is the disputes of property or money among siblings. When it comes to estate and assets, your siblings can become your biggest rival. While there’s a will that can be a basis for the distribution of property, one can challenge it if he thinks it’s unfair. Here are some details.
A will contest is a legal process where the validity of the last will is brought to challenge. This is a special type of lawsuit that siblings file to invalidate a deceased person’s will.
There are plenty of possibilities why sibling fight over the estate, but most commonly, it’s because of imbalanced distribution and conflict of decision. For instance, one of them wants to sell the house, while one of them wants to stay in the house. Being an adopted child and legal child also takes place.
- Family Provision Claim
Families have torn apart because of unequal distribution. Like if someone got the more assets than you think they deserve, you can file a family provision claim to challenge the will.
- Mental Capacity
Often, siblings contest a will because their parents were not 100% mentally aware of their estates and properties.
- Will Fraud
One of the most common ground for contesting a will is will fraud. If you can prove that is a result of fraud, then the court can make it invalid.
- Under Influence
If your parent signs the Will under someone’s influenced, then it will also be unacceptable. This happens when the person is too old that he can be influenced by someone who’s in charge of him.
If there’s a will contest in your family or one of you needs family provision lawyer, contact Villari Lawyers.