How to Contest a Will Based on a Family Maintenance Claim
The value of the relationship between two human beings can often be difficult to quantify. After all, it can be based on a range of criteria, like emotional connection or financial dependency. It can be especially difficult to define that relationship when one of the parties is no longer around and consequently, it can be very difficult to determine if the contents of a will are fair to the remaining individual. Yet this is a question that comes up in a court of law very often, so if you are affected by this type of scenario, what do you need to know?
Providing Support
It's not unusual for a person to rely a great deal on another individual as they get much older and less capable of fending for themselves. The carer may be a member of the family or a friend who may provide emotional support as well as everyday assistance. In certain circumstances, the person providing the assistance may go out of their way to do so, spend a lot of time with the elderly person and make certain sacrifices. Certainly, they may be doing this out of the goodness of their heart, but their needs need to be addressed as well.
Adequate Provision
Sometimes, the deceased will not provide adequately for this individual when they create the will. Alternatively, they may have created the will long before they became infirm and in need of the support. In this case, they might have forgotten to modify the will during their latter days to reflect this situation.
Contesting a Will
If you feel that you should have been included in the will or that your level of assistance may not have been adequately considered, then you can contest the document in court. You will need to provide as much information as possible to describe the nature and depth of your relationship and to support your reasons for making a claim.
Decision Time
The court will then consider your deposition and will make a decision. Of course, much of this may be based on subjective analysis, but they will try to be fair and equitable to all involved. As they consider, they may also want to look at how redistribution of the estate may affect other people named in the document. All of this will be taken into account before they reach a decision.
Making Your Case
Before you contest the content of the will, you should discuss the situation with an estate planning lawyer. They will be happy to put your case forward in the best possible terms.
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