Monthly Archives: November 2013

I Think a Will is Unfair – What Grounds Can I Contest it Upon?

Dealing with a Will is a difficult time for anyone. It’s hard enough when you’ve lost someone close to you, but then handling the legalities afterwards are the last thing on your mind. I had never really thought about the chance of being unhappy with a Will, but when someone close to me passed away, I was forced to engage with the matter. What do I do if I think a Will is unfair, and what grounds can you contest a Will upon? A few years ago, I found myself asking this question, and so I’d like to share with you some information that I’m sure will be helpful in answering it.

Lack of Knowledge and Approval

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There are particular grounds upon which a will can be challenged.

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If I think a Will is unfair because the deceased wasn’t aware that they were creating a Will or approved of all its contents, then I can contest it on the grounds of lack of knowledge and approval. These situations are very difficult, because they deal with suspicious circumstances where the Will has been altered at the last minute.

Undue Influence

Sometimes, lack of knowledge and approval is closely linked with this reason for contesting a Will: undue influence. As the title suggests, this is where I would consider a Will to be unfair because someone has coerced the deceased into creating a Will, or elements of it, which they wouldn’t have done with their own free volition.

While this is very difficult to prove, it is still possible to contest a Will on grounds of undue influence and succeed if there is solid independent evidence. Unfortunately, coercion takes place in secret, and is very subtly executed, and so is not easy to evidence. If I wanted to contest on the grounds of undue influence, I would need to put aside simple persuasion, and find the proof myself since I have made the allegation.

Lack of Capacity

I could also contest a Will on the grounds that the deceased didn’t have the mental capacity to make a proper decision. It is important for this section that I stress what is considered lack of capacity and what isn’t. It is sometimes difficult to determine, but in order for the Will’s validity to be secure, the deceased had to understand that they were making a Will at the time of its creation and that it was to determine the distribution of all their assets upon their death.

As well as this simple factor, the deceased also needed to know how much they had, and everyone that they are able to give it to. They should also be of a fit mental state.

When someone is suffering from mental illness or disability, it can be considered that they have a lack of capacity to create a valid Will, although this is not always the case. Someone with a symptomatic disorder may not consider options that they would ordinarily have done if they had been of sound mind.

Invalid Execution

With any important legal document, there are certain ways that the Will has to be completed and witnessed. Below I’ll discuss the grounds of invalid execution, where the Will hasn’t been created within the legal boundaries for its validity.

To make a Will valid, it has to be signed by either the deceased themselves, or someone signing it on their behalf with them at the time. This might be where the deceased couldn’t have signed it because of physical or mental restrictions. As well as the deceased, it needs to be signed by two witnesses. When all 3 members sign the Will, it is important that they are all present at the same time in the same place so that the witnesses actually see the deceased sign the document. If I think that this didn’t happen, or have evidence that this wasn’t the case, then I can contest it on the grounds of invalid execution.

 

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A judge can see to your case if you feel you have been unfairly treated.

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Fraud

Finally, the last grounds that I could contest a Will on is due to fraud. This is perhaps the most simple of grounds to explain, but sometimes also difficult to prove. Much like invalid execution, the Will is of course not considered valid if the signature has been forged, or doesn’t belong to the deceased. I could also contest on the grounds of fraud if It could be proved that the deceased was not aware they were signing a Will at the time, and thought they were signing another document.

Conclusion

There are lots of different reasons why I might consider a Will to be unfair. The best advice I would give is to not act out of emotion, but take a well-advised professional approach. In the long term, seeking advice from a solicitor right from the beginning will help you get all the information and help you need to contest the Will. Ultimately, the most important thing to me would be to honour the true wishes of the person no longer with us. Even though the process can be long and difficult, a positive, just outcome can be achieved with the right help.

 

Image credits: DES Daughter and Coast Guard News

How To Find The Best Accident Lawyer In Your City

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Accidents can happen due to various reasons. The driver may be under the influence alcohol or drug. Alcohol and drugs would cause our neuron receptors to respond slowly to the commands from our brain. Our inability to take prompt decisions in such a state will cause accidents while driving. Another reason for road accidents includes bad weather, faulty vehicle components etc. Accidents not only take the life of the driver but also the life of pedestrians or other drivers in the road. Accidents also cause serious destruction of public property. Accident lawyers are lawyers who specialize in laws and regulations of the road and civil property. Most auto accident lawyers operate within a city or two.

accidentDifferent countries has different Auto Accident laws but most of the Auto Accident Laws around the world are common and the law of various countries hold the driver of the at-fault vehicle and the owner of that vehicle responsible for compensation to the injured. If the operator of the vehicle (driver) causes an accident due to his negligence he is liable to pay for the damage to the public and private property as well as for all the injuries of all the victims involved in the accident.

 

 

 

 

accident2If you have taken insurance for your car and you can prove in the court that you as a driver and owner of the vehicle is not responsible for the road accident then all your medical bills and compensation for lost wages will be paid by the insurance company. But in most cases like that auto insurance companies try to come up with techniques to deny insurance claims by vehicle owners. The insurance claim would end up in court and you need the help of a lawyer who is an expert in the field of auto insurance to deal the case for you.

 

 

 

 

Your Auto Accident Lawyer will file a lawsuit in your favor; he will also represent you in court for all matters relating to that auto accident. Your Auto Accident Lawyer will advise you on your rights and discuss with you and do the procedures to settle your claims with the insurance company. In most cases an auto accident Lawyer will settle the case in your favor; he will also try to file a personal injury claim so that you can save a lot of cash on your medical bills too.

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You need to hire an expert Auto Accident Lawyer because he will preserve evidences related to the accident, skillfully investigate the accident and try to win the accident case in the court in your favor.

 

Before settling for a particular accident lawyer you need to consider the experience of the accident lawyer. An experience accident lawyer can improve your chance of winning the case. The lawyer also considers all the law points related to the case. He is also well versed with the type of claims raised by the insurance companies. You must find out the number of similar cases that the accident lawyer has handled and won in the court of law. An accident lawyer with a high success record will also take the case as a personal issue if his reputation is put to stake by the defendant.

You should also check out the law firm’s website and see whether the auto accident lawyer is a member of the American Association for Justice (AAJ).If the auto accident lawyer is a member of American Association for Justice (AAJ) then you can be rest assured that he is up-to-date on other judicial memberships as well. You can also learn more about a particular auto accident lawyer from other experienced lawyers in different fields of the law. The lawyer’s client representative can also tell you a lot about the performance of the lawyer.

Your lawyer should also have a good legal standing and you can know that about your selected auto accident lawyer from the local Bar Association. You should also pay close attention to the lawyer charges and the service fee he demands for a particular case. Lawyer charges can be hourly rate or contingency fee. You should always choose a fee plan that would not set you back financially. Older and experienced accident lawyers charge a hefty fee for their service but they are worth every penny.

 

If you’re looking for a highly qualified accident lawyer then pop on over to http://martincolin.com/  you can also chat with them on their social media accounts either onTwitter or Facebook.

Also for more information on Martin Colin Accident Lawyers check out their promotional video below.