Howdy! I'm Dan Smith and I live with my wonderful family in Perth. This is my legal blog which aims to look at every part of the legal system. I should point out that i'm not a lawyer myself. However, my good friend Stan has been representing people in court for many years. I find Stan's work fascinating and I love asking him questions. I have even done a bit of my own research into the legal system. I decided to pull everything together here so I could organise my thoughts while also providing useful info for others. Thanks for checking out my blog!
A will is a document that states how one would want his or her property divided after death. Various reasons may prompt beneficiaries or outsiders to dispute a will. They include:
1. If the Will Does Not Meet Set Legal Requirements
A legal will must meet the following conditions:
A will may also be contested if there is sufficient evidence that a beneficiary coerced the testator into signing the will. For instance, a beneficiary may refuse to take care of a disabled testator unless he or she leaves life insurance benefits or a significant part of the estate to the beneficiary.
3. Family Maintenance Claim
An immediate family member (a spouse or child) may contest the will if he or she believes the will did not adequately provide for them. A will may be nullified if the testator intentionally left out some of his or her children in the will. Typically, the court will evaluate the needs of the beneficiary and ability to provide for him or herself.
4. Breach of Trust
This happens when beneficiaries believe that the executor or a trustee does not carry out his or her duties diligently. For instance, an executor may mismanage funds while a trustee may fail to allocate funds to beneficiaries. If this is the case, beneficiaries can ask a court to appoint a trustee or executor.
Below are a few tips to help you make a will that cannot be contested:
Different states have varying requirements for contesting a will. As such, people that wish to contest a will must work with qualified wills and estate lawyers to improve the possibility of a positive outcome. Contact a lawyer to learn more about will disputes.Share
14 February 2020