When we talk of a will contest it is usually with reference to a bequest that is challenged by someone. A bequest is passing down property that is owned by someone through will statements. When it comes to advisement, it is how land is passed down to inheritors through a will.
When is a will contest made?
A will is generally contested by close family members who challenge intent of the deceased or the terms of a will that indicate someone else to be the inheritor. There could be several reasons why an advisement or a request could be challenged. The contesting party might take on criminal defence lawyer Melbourne or property litigation legal representation to suggest that the will was fabricated or that the person was not in the right state of mind when the will was made. Often people challenge a will on grounds of fraud as well as coercion whereby undue influence is used.
How will contest cases are tried in court?
In order to have a valid case, usually people of a certain community wish to have local representation. Hence, for anyone belonging to the Chinese community, it is easier to have Chinese lawyers to represent their case. Usually a will can be contested on valid grounds. If the person is named in the will or stands to inherit property, then only the will can be contested. In case the person has no standing, there can be no will contest. The most common reasons for contesting are a will are capacity of the person making the will being questioned. The deceased need to be of an age of majority in order to have created a will. In case the person was incapacitated physically and mentally at the time of making the will, such a contest can be launched on such grounds.
No matter what grounds exist for a will contest, the lawyer appointed needs to investigate into the grounds for the case. He or she will take on the case only when there are valid grounds for the contest. Due investigation into the health of the deceased and on what terms and situations was the will made are some of the factors that the legal representative usually investigates upon. Often out of court settlements are discussed or cases are tried in court in front of a judge or jury. If you have a similar dilemma at hand, seek legal aid by looking up regional legal experts in your region. Most business directories offer several law firm details and that of freelance lawyers for a given area.