How to Contest an Invalid Will

Many people have lost a loved one and many have had to sit down and sort out all of their belongings. This is not an easy process at the best of times but when you are required to contest a will it makes the situation even harder. This article aims to give you more understanding and to make the process a little easier.

The most important thing to remember is that it is not the fault of your relatives so do not take the situation out on them – you will regret it in the future. A will can only be contested if it is either invalid or someone has not been provided for as they should have been from the will. Firstly, the person who made the will must have been capable when the will was made. This means that they must have been over 18 years old and of sound memory and understanding. This means that they must have known what they were doing when they made the will; if this is not the case then the will is invalid.

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The person who made the will must have intended for his estate to be divided or got rid of in the manner in which it is stated in the will. Only if the will has been validly fulfilled and again the maker of the will was of sound mind when it was made will it still apply.

If the person who made the will could have been potentially forced to make the will the court could either dispose of the whole will or just part of it. This is also the case if a will is forged whether before or after a person’s death.

A will, in most cases, would have to be in writing in order for it to be valid. It also has to be signed by the will maker (or a representative of this person); the signing of the will must also be made in the presence of two witnesses at the same time.

A will is not valid if it has been revoked. The revocation of a will usually happens if the person who made the will gets married. A will can also be revoked if the will maker writes a statement to say of his or her intention to revoke the will. If the person who made the will intentionally destroys the document, the will is again invalid.

The guest blog was written by Jack Gilman – a leading informative of how to contest a will in Ireland – for www.pjf.ie.

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