You should seek credible legal assistance if you believe you have been treated unfairly.
Legal actions to settle disagreements over a deceased person’s assets are often referred to as Estate Litigation. Most frequently, this entails contesting a Will in order to have it changed or annulled.
A Will may be ruled invalid if the person who made it was mentally incompetent to do so or if a beneficiary had undue influence over them. A person’s assets might be challenged in estate litigation if someone interfered.
The best approach to avoid conflicts over your estate is for you to take the necessary precautions while you are still living to ensure that your desires for the distribution of your estate are carried out after your death. This may be done with the assistance of your lawyer. This may entail creating valid Wills, trust agreements, or other estate planning instruments.
There is typically no other option except to file a lawsuit if you are embroiled in a disagreement over someone else’s estate, such as a dispute over your claim to their assets. Most estate disputes are settled through negotiation with the help of an experienced lawyer. The situations in which someone may have a claim against the estate of a deceased individual are numerous and diverse. You should seek credible legal counsel if you believe you have been treated unfairly.
According to the Wills, Estate, Succession Act, a decedent’s spouse and children have specific rights to request a change to their parent’s Will. There is a 6 month limitation period to commence action to vary a will from the date a probate order has been granted approving the executer or administrator of the estate. An individual who has passed away might still owe their spouse or children some sort of legal or moral duty. If the decedent does not make sufficient provision for a spouse or kid, the courts may change how the assets are distributed in the Will.
When a Will is written, it can sometimes be questioned whether improper influences were used. There may be grounds for challenging and setting aside a Will if you think there was improper influence used in its creation. Similar to this, a Will could be contested on the grounds that the person who made it wasn’t “competent” at the time.
Quantum meruit claims — you might be able to make a “quantum meruit” claim if you gave someone care or assistance while they were alive with the promise or expectation that you would be paid. This basically indicates that you might be able to recover the value of the services you provided.
Missing Will? In the absence of a Will, the deceased person’s estate may be divided in accordance with the Wills Estate, Succession Act. Who may apply for the right to manage a decedent’s estate is specified under the Act. Family members typically have the priority. The next of kin distribution rules are outlined in the Act. You need to seek legal counsel if you are impacted.
For a consultation about your specific case and to find out your rights, get in touch with us.