Saving Money when Contesting a Will
There is no denying that a will is a must-have document for anyone with some property. However, things do not always go as planned and any beneficiary who feels left out can even challenge an existing will. If you are planning to contest a will, it is important to appreciate the intricate nature of inheritance laws in England and Wales.
Basis of Contesting a Will
However desperate your situation seems, you should know there are legal experts who are there to help you. These experts have been in the field for years and they know everything there is to know about the law.
According to the law, there are two broad reasons for contesting a will. These include:
- Undue influence: If you feel like the person who wrote the will did so under coercion, deceit or intimidation, there is a good chance of winning your case. In most cases, another family member may be involved in the whole scam.
- Lack of testamentary capacity: If you can prove the person who wrote the will did not have full control of mental capacity at the time, there is great chance of success in court. If you have the evidence, simply contest a will and your lawyer will ensure you get what you deserve.
Saving on Your Case
As with any legal battle, the issue of cost is a great challenge. Luckily, there are ways of avoiding paying exorbitant legal fees. Take a look at some ideas:
- Gather the evidence: The whole idea here is to ensure you have all supporting evidence in order to make determination easier. Your lawyer will not have to slough for hours to research while charging you. If you suspect there was coercion for instance, have some medical proof to show injuries or any other sort of evidence.
- Pick your attorney wisely: Just because an attorney is promising you heaven, does not make him the ideal candidate. Look for an established attorney who has resources for speedy research. This will help your case determination faster thus saving you extra legal fees.
- No win no fee: This is the crux of saving when contesting a will. Your attorney will only pick your case after reviewing it keenly to gauge the possibility of success. Once this is done you will sign a contract stating the lawyer’s cut if he wins your case. There are no upfront costs and the attorney caters for all the costs of filing and hearing the case.
- Legal insurance: Depending on how large the claim you are making is you can opt for legal insurance before making a claim. This insurance company will have to cater for your legal fees once the case if filed.
It is important to be frank with your attorney. If you hold back any information, you will be jeopardizing the success of the case. In essence, you will be denying yourself your right. What’s more, you might ruin family relationships permanently; in simple speak make sure you file when you are certain that something went amiss during the writing of the will.
Author Bio
Sarah Kim is an experienced attorney who has represented clients over the last 15 years. She advises clients who feel disadvantaged by decisions of the deceased to simply contest a will with the best legal representation.
Category: Law
