Common Misconceptions About Wills Variation

When it comes to estate planning, people often get confused about the terms of contesting a will. At Linley Welwood, our team of family lawyers often sees the misconception that contesting a will automatically leads to lengthy court battles and strained relationships within families. That is why our experts have compiled some information outlining the common misconceptions about wills variation.

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Some Misconceptions Surrounding Wills Variation

1. Only Heirs Can Contest a Will

One common misconception is that only direct heirs, such as spouses or children, have the right to contest a will. In reality, individuals financially dependent on the deceased, including common-law partners and adopted children, may have grounds to challenge the will. The court’s primary concern is fairness, ensuring adequate provision for dependents who were left out or inadequately provided for in the will.

2. Contesting a Will is an Easy Process

Another fallacy is the belief that contesting a will is a simple procedure. In truth, it can be a complex and emotionally taxing journey. It typically involves gathering evidence, presenting arguments, and navigating intricate legal frameworks. Success often hinges on demonstrating valid grounds, such as lack of testamentary capacity, undue influence, or failure to provide for dependents adequately. Seeking legal guidance from experienced professionals is crucial for navigating this terrain effectively.

3. Wills Variation is Only for Disinherited Individuals

While the term “wills variation” may imply that it solely pertains to individuals who have been completely disinherited, it encompasses a broader spectrum of scenarios. Even beneficiaries who receive a share of the estate may contest the will if they believe their provision is inadequate relative to their needs and the deceased’s obligations towards them. The court aims to achieve a fair distribution reflecting the deceased’s moral and legal responsibilities.

4. Contesting a Will Always Leads to Litigation

While disputes over wills can escalate into contentious courtroom battles, they do not always culminate in litigation. Parties can often reach amicable settlements through negotiation, mediation, or other alternative dispute resolution methods. Such approaches can save time, money, and emotional strain for all involved parties while fostering constructive dialogue and preserving familial relationships.

Do not hesitate to contact the experienced professionals at Linley Welwood for more information about will variation claims. Our team is easily accessible through our online contact form.