When a relative passes away, many people are unprepared for the shock that usually follows. Then, when the financial affairs of the deceased need to be attended to, it can be a very big strain.
Talk of money can accentuate and cause all sorts of simmering emotions. If a family member decides to contest a will it can have a serious long term impact on relationships within the family.
Supposing there is a rather unpleasant surprise in a Will that concerns you, as a dependent of the deceased? You are now worried about seeming selfish and only worried about what you can get. Yet inside you are trembling, deeply worried about how you will survive. Or what should happen if the deceased omitted a large asset like stocks and shares from his Will, so they have not been bequeathed to anyone? Who will deal with these and who will gain?
If the deceased made a Will, they are likely to have appointed at least one, if not two, Executors. These are the people who will be responsible for ensuring the instructions set out in the Will are followed and that the Estate is divided up as the deceased person intended.
If an Executor has not been appointed, a solicitor will be appointed on behalf of the deceased by the state.
So what do you do if you would like to contest the contents of the Will?
Things can now start to get complicated. The beneficiaries actually come at the end of the financial chain of liabilities and you will not be able to make a claim until all other aspects have been sorted out. Private family funerals are not given away for free so who is going to pay for the funeral costs? This should be the first thing considered when the Estate is being divided. Following on from this HM Revenue and Customs will also take a share.
If the deceased had an outstanding mortgage (a secured creditor) then this must be dealt with in addition to any personal loans and credit card borrowing (unsecured loans).
Next any remaining moneys from the Estate are distributed to the beneficiaries. If the Will has been drafted correctly, these individuals should be clearly identified with an explanation of exactly who is being left what. This is also the time to contest a Will and make an inheritance claim if you feel there has been unfair treatment. Get proper legal advice and consult a solicitor who specialises in this complex area of law first.
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