The Long Distance Relation Bought Close By The Unwillingness And The Challenges

There is always a doubt after the death of a person as to how many people or who all will get the rights to own the property that this person has. Similar cases happened when one of my farfetched relative died on the other side of the planet. When I got the news of the demise I was in a momentary grief but not for long when I got to know that there were no family members he had and no one to look after the empire he had built and hence he donated it to a charity institution in the local area. This was devastating when I realized that in a manner I was a proper heir to his family property and his assets. I had the personal, moral, legal, ethical and every other possible right to challenge the will. 

The distances merged

As soon as I reached the city where the property is and talked to the solicitor with the will I proved my validity and also the argument that I am the lone survivor to his succession and he may have not kept that in mind while making the will. There maybe all possible reason that he might have even been influenced under pressure to do so as we were out of contact for a while. There were so many possibilities and arguments put by me and my lawyer together that there was hardly any scope for the opponents to raise a claim for themselves.

Legal Matters

One thing which I realized in the entire case is that unless and until you have a lawyer with you on your side there is hardly anyone that can harm you because these lawyers know what is to be done and what is to be put forward at what time. The better the lawyer and experienced one you have, the better the chances of winning the case with the basis that you have a strong argument to fight for.

It was a de-facto established fact that I am the sole heir left after my uncle passed away and had the complete right to take ownership and possession of his entire empire and assets. The court revealed this in the final verdict and made sure that the entire possession was mine without any doubt. The will which was created earlier was rejected and everything was at peace with this succession.

The Way I Contested A Will And Actually Won The Case For Justice Prevailed

It’s a very serious problem in the coming age that even when you might be the rightful heir there may be some extreme kind of frauds which can lead to you getting nothing out of your own succession over the family property. There are cases in which the testator is also threatened and forced to sign up the wrong will. It’s a big issue and even I became prey to this legal complication. Therefore am here sharing the best of what I learnt throughout the procedures so that you can make sure of all the proceedings. 

The Backdrop of the case

It all started because of a simple reason that I was the third son in the family apart from two elder brothers who were well to do and I being still completing my education when the untoward incident of death of my father happened. It was a sudden demise but he had left an entire empire behind for the three of us. During the announcement of the terms in the will the entire property was divided equally between first two brothers and I was to stay with the elder one as I was in capable of staying on my own. I was completely taken aback by the decision being announce and made a decision that I will have to contest a will.

The contesting a will part of it

Challenging a will isn’t simply that easy. But if after reading the entire will you still think that there is a legitimate reason behind the will why it is not apt and not including you rightfully, you can go ahead and challenge the will. There should be valid reasons as to why you should be included, maybe out of being a natural rightful heir or maybe out of sheer love from the testator that he or she wanted to part with their property. In any which ways mine was a rightful case in which I should have been given equally part of the property. It was clearly understood that the will has been modified or even prepared by influencing the testator. Proving that the will that was signed is invalid and doesn’t hold enough grounds is very tough and needs ample of proofs as well as is a costly affair. But I did not give up. I continued to put up my arguments with a very simple logic that how can the will be completely forgetting that there is one more son in the family and not even mention about that son.

Winning the case and getting your rights by contesting a will

In my case I had possessed through my family members an older will which had my mention in it rightfully and this was the best proof I could have used to show the genuine argument that I was putting forward. The legal council also could not disagree with this strong proof and had to accept that the will was either signed by force, by unwillingness or by fraud. Thereby resulting into a clear case on the family protection act and the law took its recourse as per the Act. Finally I was entitled to one third of the property which was equally distributed to all the family members.

There are times when such cases and legal matters make your relations sour with other people, but when you are being deprived of your basic rights, the relations have already soured then and there and fighting back will give you justice not the relations. This is what I learnt from the experience and now am careful about every legal matter in my life since then.

The Contemporary Case Of Capacity Vs The Willingness

There is this era which has ushered in for getting quick rights to large properties and estates by way of inheritance and if not direct inheritance then by way of making way to someone’s will so that once the testator is subject to be deceased, there is no one to challenge the entire property is rightfully yours. This is what happened in a curious case of one of my friend whose uncle recently gave way to him in his will but still he was not able to get the rights to his property.

A brief to the case

There was a close relation between my friend and his uncle which they shared joyfully and hence his uncle wanted him to have a piece of his assets post his earthly journey completes. This is the reason my friend received a 350 acres of land piece out of his property which was at a staggering rate of $1500 per acre. This was a very big sacrifice for the family members of my uncle and they contested the will. They were pretty sure that uncle was not at all forced to sign the will and hence the grounds for forcing and fraud was not taken into consideration. Therefore they had to try out a different argument all together for such a case which might look apt and my friend could not get the exact property as per the Original will.

The challenged argument

The family members of my friend’s uncle challenged the will in the court on the basis of testamentary capacity of the testator. It was believed that in this argument only the mental people can be challenged but the family somehow procured that he was a psychology patient since long and even gathered proof for the same. Viewing the kind of proofs that the family had, anyone would easily assume that my friend’s uncle was not in right senses and just out of sheer love for his current admirer he signed an entire will with his name in it. The argument was accepted by the court of law and thereby the will was rejected and the family members were given the property ownership rightfully.

Though the uncle was completely fit and well to make his own decision and by no way was he influenced or forced or was not in his senses, the family members were not accepting the harsh parting of the property with an outsider. That is the reason they took this discourse and had to make strong arguments with a maybe fake procedure but there is no way it can be rechecked or bought to verification. The only thing which can be believed is that they are the family members and why will someone give away property to an outsider when there are living people in his family. This basis was referred to while sentencing to reject the will and accept court’s decision. If needed my friend could have went to higher courts, but he never wanted to face that family anymore.