Challenge a Will: Save Your Inherited Asset

by Justin Weinger on February 24, 2016

Inheritance is a big part and also an identifier of what’s your standing in the family. As long as you are a legal descendant of the testator, or writer of the will, bound by blood or by law, you can claim what is rightfully yours. Due to the fraudulent act or influence of some greedy individual around you – who sees this as opportunity to take away an asset, or therefore challenging the testament, you need to make sure that you know how to handle such scenarios. Remember that there’s nothing worse than losing someone important in your life and at the same time losing the chance to experience what is legally entitled to you.

An inheritance is an investment provided by a loved one, but there are instances when a will and testament are improperly written or falsely drafted. If you find yourself at the losing end and you think you deserve the property more than anyone else then be prepared to be in court. To challenge a will is difficult, but the fact that owning a house gives loads of benefits, which will definitely help you in the future, you need to work hard to protect this asset. Some of the benefits of owning a house are:

  • Appreciation of Value
  • Shield Against Inflation
  • Property Tax Deductions
  • Capital Gain Exclusion

Here are the steps you need to do to ensure a house that is supposed to be your inheritance will be transferred legally:

THE AFTER ACTION

If you have read what is in the will, seek some legal adviser to help you in interpreting it; always trust your guts when identifying if there are any suspicious elements in the will. For the after action, understand first the content and investigate what caused the problem. You should be able to confidently point out your grounds for challenging the will. Those who succeed in challenging a will do so with the help of a great lawyer. Seek help from a trusted lawyer who fully understand your situation and can further explain what actions shall be done.

SPECIFIC LAWS TO CHALLENGE A WILL

There are two kinds of law that can help you claim your inheritance if you ever feel like there was a bias when the will was made. The first encompasses the promises of the deceased person to an individual even when they are not literally related by blood. Under this law, a person given such right need not to be personally written by the will, as long as he can prove that he was assigned to a specific property in front of the court, then he will be free to claim his right on said property.

The next one deals with the protection of family members and their inheritance of the deceased person’s assets. Subject to this provision is filing an appeal to the court, claiming you haven’t received any portion of the inheritance.

DURATION ACCORDING TO COMPLAINS

Generally, there is a given duration for you to file an appeal to the court in accordance with the law. As stated by the law, there are 3 types of complaints: Inheritance act claim for maintenance, beneficiary making a claim against an estate, and fraud or forgery.

In the first type you are given 6 months after the grant of probation, while the claim against an estate has a 12-year window after the death of the will maker. And lastly, there is no time limitation given when it comes to fraud.

Do not forget to comply with these guidelines in order to increase the chance of the court ruling in your favour. A house, after all is a good investment for you and your family’s future.

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