When someone dies, family and friends are often faced with a lot of uncertainty. They may not know what is to happen with their loved one’s estate, and it is not uncommon for disputes to arise. This is especially true if there has been some sort of issue with the will or trust.
Disputes over estates can be incredibly difficult for everyone involved. Not only do they have to deal with the emotional grief of losing a loved one, but they also must navigate legal issues such as trust and estate litigation. Unfortunately, such disputes can also be expensive. As a result, many people are discouraged from pursuing their claims due to fear of high legal fees. However, with funding options available, it is now possible to pursue a claim on a no win no fee basis.
contesting a will no win no fee is an option for people who believe that the deceased did not have the mental capacity to make their Will or that their Will was tampered with. To qualify for this type of funding, you must meet certain requirements such as being within the statute of limitations and having a valid legal reason for contesting the Will. You must also have a good chance of winning the case. If you meet all of these requirements, a solicitor may be willing to act for you on a no win no fee basis.
The first step in pursuing this type of claim is to consult with an experienced trust and estate attorney. They can help you determine whether the will or trust is valid and if there are grounds to file a lawsuit. They can also help you determine the most effective way to proceed with your claim, which will include deciding if you need to bring in other parties to join your suit.
If you are able to demonstrate that the deceased did not have the necessary mental capacity, your claim will be successful. The most common reason for this is dementia, a condition that affects the ability to make decisions. Symptoms of dementia typically involve changes in behavior and memory loss. The older the person is when they begin to show signs of dementia, the less likely they will be able to make a legally binding Will.
Another common cause for a Will dispute is undue influence. This occurs when a trusted individual takes advantage of an elderly person and manipulates them into making a will or trust that benefits the alleged wrongdoer. This is a more difficult claim to prove as it usually involves circumstantial evidence.
While a no-contest clause is not a legal requirement, it can be an important way to limit heirs’ fighting over the estate. If you want to enforce a no-contest clause, it is important to consult with a specialist inheritance & trust dispute lawyer. They can advise you on the best approach and ensure that all steps are taken to avoid a dispute over the estate.