What Is The Success Rate Of Contesting A Will?

Introduction

When a loved one passes away, the last thing on your mind is usually legal disputes. However, if you feel that their will was not fair or that you were not properly provided for, you may consider contesting the will. But what is the success rate of contesting a will? In this article, we’ll explore this question and provide you with some insights into what you can expect if you decide to contest a will.

What Does “Contesting a Will” Mean?

Contesting a will means challenging the validity of the document in court. This can occur for a number of reasons, such as: – The will was not properly executed – The deceased was not of sound mind when they made the will – The deceased was unduly influenced by someone else – The will does not properly provide for family members or dependents

What is the Success Rate of Contesting a Will?

The success rate of contesting a will varies depending on a number of factors. In general, it is not easy to contest a will and win. However, if you have a strong case and the right legal representation, it is possible to succeed.

Factors that Affect the Success Rate

Some of the factors that affect the success rate of contesting a will include: – The strength of your case – The evidence you have to support your claim – The quality of your legal representation – The judge presiding over the case

What are the Grounds for Contesting a Will?

As mentioned earlier, there are several grounds for contesting a will. Let’s take a closer look at each of these.

Improper Execution

For a will to be valid, it must be executed properly. This means that the will must be signed by the deceased and witnessed by two people who are not beneficiaries. If the will was not executed properly, it may be possible to contest it.

Mental Incompetence

If the deceased was not of sound mind when they made the will, it may be possible to contest it. This could be due to a number of reasons, such as dementia, Alzheimer’s, or another mental illness.

Undue Influence

If someone unduly influenced the deceased to make a certain provision in the will, it may be possible to contest it. This could include situations where the deceased was coerced or threatened into making a particular provision.

Failure to Provide for Dependents

If the will does not properly provide for dependents, such as spouses or children, it may be possible to contest it. This could include situations where the will leaves everything to a charity or other non-family member.

How to Contest a Will

If you believe that you have grounds for contesting a will, you will need to take legal action. This typically involves hiring a solicitor who specializes in will disputes. Your solicitor will help you gather evidence and build a case to present in court.

What Happens in Court?

If you decide to contest a will, your case will be heard in the High Court. The judge will consider the evidence presented by both sides and make a ruling. If the judge decides in your favor, the will may be declared invalid or amended to provide for your claim.

What Happens if You Lose?

If you contest a will and lose, you may be ordered to pay the other side’s legal fees. This can be a significant amount of money, so it’s important to carefully consider your case before taking legal action.

Conclusion

Contesting a will is not an easy process, but it is possible to succeed if you have a strong case and the right legal representation. The success rate of contesting a will depends on a number of factors, including the strength of your case, the evidence you have to support your claim, and the quality of your legal representation. If you are considering contesting a will, be sure to seek the advice of a solicitor who specializes in will disputes.