There are many reasons in which a contesting a will arise when it is concerning to inheritance rights in an estate.
If a decedent dies with a Will or Trust, these documents might be declared by the court to be invalid if at the time of executing the documents, the decedent does not have proper mental capacity by way of illness, mental dementia, or being on medication at the time of signing the document. Other reasons that might be used by the court to invalidate a Will or a Trust is if through undue influence by one of the beneficiaries of the Will or the Trust, the beneficiary takes advantage of the decedent’s infirmity or mental weakness, and by reason of this the beneficiary is named in the Will or Trust document as someone who will inherit the entire estate. Other reasons are duress or mistake.
Sometimes a Will or a Trust is ambiguous in terms of its meaning and legal proceedings will be necessary to have the court determine the meaning of the document, which will then determine which persons will inherit from decedent’s estate.
Sometimes whether the property in decedent’s estate is considered “separate property” or “community property” will dictate who is to inherit that property, in cases where decedent dies without a valid Will or Trust that disposes of that property. In general, separate property is property that decedent owned before he married, or is an inheritance that he received, or is property by agreement with his spouse to be designated “separate”. On the other hand, generally speaking, community property is property acquired by the decedent during marriage from community earnings. However, there are many exceptions to these general rules. As an example, if a spouse owns a house in his name before marriage, then pays the mortgage on the house during his marriage with community property earnings, the house may become a combination of community and separate property.
Specialists associated with Going Legal, have helped hundreds of clients achieve favourable outcomes in contested Will cases in UK. We have the skills needed to get the job done and pride ourselves on our ability to guarantee results and deliver on that promise. Since 1999, Going Legal Limited has helped to recover over £30 Millions of pounds for our clients. Your No-Win, No-Fee Wills and Probate Solicitor will ensure you get your fair share, should your case be successful. Our genuine No-Win, No-Fee agreement: “If you lose you pay us nothing”. Just complete the form and we will contact you for a quick informal chat. Make a free, no obligation enquiry now. Call us on 0845 218 0230.
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