Is it Possible to Contest a Will? Ask An Auckland Lawyer
The last Will and Testament of a person is a legal document that is created by somebody who wants to ensure that their property is distributed properly, according to their wishes. In many cases, it will simply split the assets between the children, or between other people who the deceased feels are deserving of some inheritance. Along with caring for those needs, a Will may also spell out specific things that need to be done in the event of the death of the individual.
Although most people will simply allow a Will to stand and they will go through probate without having an issue, there may be cases in which it is necessary to challenge the Will. This can be a very difficult and sticky situation, as most courts will see the Will as being the express written wishes of the individual that has passed away. Of course, that individual is no longer alive so they are unable to speak for themselves, but most court systems are going to stick to the Will as closely as they possibly can.
Although anybody could really contest the Will in a court of law, one of the most common reasons why it is contested is because the spouse, or children disagree with something that is in it. Though the spouse is not the only person who could challenge the Will, they do tend to have a much greater degree of success than anybody else who could bring up an argument about the Will. There may also be specific reasons to contest a Will, and this may make a difference in the outcome of the case.
One of the most common reasons why a Will can be contested is if the individual who filled out the Will was not in the right mind to do so legally. Most Wills begin with the words “being of sound mind” but that isn’t always going to be the case. If the individual was persuaded in some way or another or influenced by outside sources to write the Will in a particular way, it is more likely for it to be contested successfully.
When a Will is contested, a successful outcome may mean a number of different things. In some cases, parts of the Will may be deleted, or perhaps rewritten in order to more carefully express the wishes of the individual who wrote it. It may also be possible, in some cases, that the entire Will is going to be deleted altogether. If that takes place, what Will likely happen is for the property to be distributed equally among the direct relatives of the deceased. They will look at the case, not according to the opinion of the person that contested the Will, but they consider that it never was written in the first place.
A Will can be contested but it is a very difficult thing to do. That is why it is important to have a lawyer who is able to help walk you through these difficult legal waters.