Law

Last Will & Testament – How to Handle Disputes

Jinal Shah

January 3, 2025
2 min read

Last Will & Testament – How to Handle Disputes

When a person leaves this Earthly plane, their estate (all their assets) are distributed according to written instructions, namely a Last Will & Testament, or will, as it is generally called. A will is a legally binding document drafted by a lawyer, which is signed and witnessed; it can only be changed by drafting a new will. Indeed, it is not unusual for a person to make changes to their will; it might be due to a family member being estranged, or a change of circumstances. A new will overrules any previous version and a lawyer would draft the will.

Will disputes

Law is a very broad field and anything to do with wills are handled by wills and estates lawyers with experience in helping clients reach a favourable outcome. When a person feels that they were unfairly treated in a deceased family member’s will, they can approach a will disputes law firm; the legal specialist is happy to share a Zoom call to discuss your claim; they listen, ask questions and can usually give you an accurate appraisal of your case and advise on whether or not to proceed with a claim.

Claiming will invalidity

When a person has a claim that the will is, in fact, invalid, with reasons such as:

Mental incapacity
Duress or undue influence
Revocation of will prior to death
Failure of the executor to properly execute the will

Of course, evidence would be required to substantiate a claim, which might take the form of a handwritten letter, a recorded conversation, or a witness to dialogue. Will invalidity claims require evidence that supports the claim and an experienced will & probate lawyer would help the client to prepare the evidence accordingly.

Advising the client not to proceed

There are times when a will dispute lawyer would advise their client not to proceed with the claim, which would be due to lack of credible evidence. Simply put, the lawyer does not want you to waste your money on a claim that has no real tangible evidence, so they would advise against making a claim.

As a summary, will disputes do occur and when you feel that you have been unfairly treated in a recently deceased family member, you should consult with a local will dispute lawyer.