Disputes regarding inheritance and Will are quite common all around the world. However, only a few cases reach the courtroom. Inheritance Lawyers in North Carolina have gone through many cases and stated that there is only one unfair inheritance case out of a hundred.
The case that reaches the courtroom goes through several layers of scrutiny. The beneficiary that has challenged the case needs to prove certain things before the judges even consider judging their case.
When you are challenging a Will, it is often tough to prove Will that has been properly witnessed and valid. To know more about the challenges that you can face while filing a lawsuit against unfair inheritance, visit inheritance law in NC.
How To Fight For An Unfair Inheritance?
You cannot simply challenge a Will just because you didn’t get the asset you were hoping for or got less financial assets than you have hoped for. Challenging a Will is different from civil and criminal lawsuits. There are only a few limited arguments in the property laws that can be used to challenge a Will.
Given below are the arguments that allow you to challenge a Will.
1. Mental States
The most important factor while creating a Will is the mental state of the owner of the Will. To execute or create a Will, the owner needs to have a healthy mental state. This is not a rigorous requirement; it is simply to understand that whatever decision you have made on the Will is yours.
When a question is raised about the individual’s mental state who has created the Will, the court requires the same person to ensure the mental state while writing the Will.
Here are a few questions asked by the court to the person who has created the will.
- Was the person responsible for the Will knowing what the Will contained?
- Is he/she aware of his close family members?
- Does he/she have any idea about the total evaluation of their Property?
- Was the person able to decide how to properly distribute the properties?
In addition to that, the court will take the testimony of the people who were present when Will was being created, the witnesses who have signed the Will, the doctor who has examined the person creating the Will.
2. Improperly Executed Will
The law states that a Will must be created by two adult witnesses who will later sign the will. The people who are the witnesses can not be the people who are named to inherit the Will. In addition to that, the Will needs to be handwritten by the person creating the will. This is done to ensure to match the handwriting in case of any issues.
In some cases, there might be individuals who would also try to forge a will for their benefit. In such cases, the rightful heirs can be denied their rights in the property of their parents. This is why if you have an issue regarding a will in GA, you need to hire the best legal experts that can help you claim what is rightfully yours. Inheritance and real estate wills are specific pieces of legal instruments that require expert intervention. Choosing a credible and experienced lawyer can go a long way in helping you get the rightful interpretation.
3. Undue Influence
A will can also stand invalid if the plaintiff proves that the decision taken when creating the will was taken under “Undue Influence”. This type of case is quite common in unfair inheritance.
In this type of case, the person who put Will Cretraor into undue influence is a person who holds a position of trust in the household. For instance, one sibling can manipulate parents to add her name in the will as the only heir to their inheritance.
The Bottom Line
Parents are aware of whether their children will fight among themselves for the inheritance left by their parents. Hence, it is the parent’s responsibility to create a Will that will equally divide the inheritance so that their children get what they deserve equally.
Just creating a will is not the end of the responsibility. The feeling does change, and so does behavior. You might find that one of your children is taking advantage of the will and might harm you to get the inheritance of the will.
You must be attentive to these matters and keep updating your Will so that you can leave your property into a responsible hand.
