Sometimes when a will is read out to family members, someone inevitably won’t like what they hear. Losing a loved one is hard enough, but having to listen to a will being distributed unfairly makes the situation that bit more difficult, especially if you were relying on that person to provide you with financial support after they passed away.
Here are 3 ways a dispute over a will can be resolved in a civilised manner.
Contact a Contesting Wills Lawyer
The first step in resolving a dispute concerning the distribution of assets in a will is to contact an experienced, competent lawyer, a person who understands that challenging a will is a very emotional, difficult situation that requires support. Choosing to contest a will can be stressful for all parties involved, it isn’t a simple matter, it must be approached sensibly so nobody gets too frustrated over the whole issue.
It is important to approach a knowledgeable firm who has years of experience dealing with clients who wish to contest a family will, they’ll understand the importance of making the procedure stress-free and they’ll do everything in their power to settle the dispute in a timely fashion. The quicker it is resolved the easier it is for family members to focus on dealing with the loss of a loved one.
Contesting a will can be resolved in 3 ways, firstly everyone involved in the dispute can come to some sort of agreement without having to go to court. Secondly, someone can be hired as a mediator to work between parties. Lastly, if a resolution cannot be reached, everyone involved will have to attend court.
All parties involved in a dispute over a will have the right to contact a lawyer and have them negotiate on their behalf, they can also choose to represent themselves without the support of a legal professional. Your lawyer can resolve your claim by either speaking to a party representative, or someone directly involved in the dispute. They’ll speak on your behalf and try to reach an agreement that suits you. If an offer is accepted, your lawyer will draw up a contract so no one can challenge the agreement in the future.
This is usually compulsory in most countries, mediation is where an unbiased person acts as a middleman between both sides. They try to resolve the issue rather than having to go to court. Your legal professional can represent you during the mediation process.
If the dispute cannot be resolved using the other 2 methods of resolution, everyone concerned must attend a court hearing. This is your last resort, so everything must be settled during this time. A judge will make the final decision.
It is better to try and resolve the dispute as quickly as possible, nobody wants to attend court just after losing a loved one. Everyone involved must do their best to communicate during the process, it makes things easier for both parties can come to an agreement before having to hire a mediator or attend court.