Contesting a Will

How Can an Individual Challenge a Will Left by a Deceased

Let’s first learn what a Will is. Will is a very important document which decides the distribution of deceased assets that he or she has left back to some individuals after his death. This could be either the deceased own choice or legally approved fashion. Spouse, children and their blood related individuals are supposed to the legal heirs of the deceased individuals. People who own their property have the authority to make his own choice and leave his property to someone who has been or have been faithful and trustworthy during the testators’ lifetime. It is his whims and fancies whether or not to leave behind anything to his legal heir. This certainly can lead to Contesting a Will. There can be instances the beneficiaries may not be satisfied with the size of share they have received. In some cases some legal heir may have been left out of contention. There may be numerous reasons and most of them are worth challenging the will. Particularly when it is a question of large estate and millions of dollars is involved.

What Does Challenging a Will Actually Mean

When one of the legal heirs is not happy or satisfied with the share given to him or her or if he or she exempted from the share then they are eligible to raise their objection by Contesting a Will Victoria against the actual will. The challengers of the will can raise an objection insisting that the intention of the testator was not to blacklist them. They should be able to prove the testator was not in a sound mind at the time of the preparation of the will or there was some sort of emotional pressure put on the testator by someone.

Who Have the Authority to Challenge a Will

Two kinds of individuals have the authority to challenge a will. One named in face of the will and the other who inherit from the testator if the will is proved invalid. Anybody above 18 years is authorized to write a will as long as he mentally stable. Judicial proceedings starts only when it is felt by the legal heirs who were either exempted or did not receive proper share challenge the will stating that at the time preparation of the will the testator was not in a sound mind.