Feeling left out? Can you contest a Will?
My uncle promised me his car, but he’s died and the Will says nothing about the car. Do I have a right to it? How can I contest a Will?
This happens a lot. Somebody dies, the Will is published for all to see, and it doesn’t quite meet the expectations of family and loved ones. Sometimes there is a suspicion that something strange has been going on. There’s a sense that somebody worked on the individual, persuaded them to make some changes and updates, and all of a sudden the estate that was going to the children, is now going to the new person who has just appeared on the scene.
So what rights do you have? Can you contest a Will if it seems that something strange has been going on? Or if that promised item is not included in the Will?
Maybe you are ready to write your Will, but you want to leave some people out. How can you be sure that after you have written your Will it will not be challenged?
In the last week alone I have seen a number of people asking the question on the internet “Is it okay to prepare my own Will using an online Will service”. I have been shocked at the amount of misinformation that has been posted in reply.
To be clear, I am defending an interactive online Will service like the one at USLegalWills.com, I am not suggesting that you should prepare your Will using a blank form DIY Will kit that you could buy in Staples. The blank form kits are a disaster, but the online Will services are an excellent mid-ground for somebody who doesn’t want the inconvenience and cost of a lawyer, but still needs to have their Will in place.
These are some of the most egregious, incorrect warnings that I have seen in the last week.
1. You must use a lawyer
Written by a lawyer in response to a question on Quora.