What are the possibilities for contesting a will?
February 26, 2024 | 50,00 EUR | answered by Mia Widmann
Dear lawyer,
My name is Mia Schulz and I am reaching out to you as I urgently need advice regarding contesting a will. My mother recently passed away and I have discovered that she left a will in which I was not included. This has surprised and unsettled me, as I always had a good relationship with my mother and assumed that I would be mentioned in her will.
The current situation is that my brother has been named as the sole heir and I have received nothing. This has deeply affected me and I am certain that my mother was either under pressure or not in a clear state of mind when she wrote the will. I would like to know what options there are for contesting a will and whether I have a chance to claim my inheritance.
My concerns are significant, as I not only fear for my inheritance but also for my mother's legacy. I want to ensure that her final wishes are respected, but I am unsure if the will truly reflects her true intentions.
Therefore, I seek your advice and support. What steps can I take to contest the will and what are my chances of success? Are there specific deadlines or requirements that I need to be aware of? I am grateful for any help and hope that you can assist me in this difficult situation.
Sincerely,
Mia Schulz
Dear Mrs. Schulz,
I would like to express my sincere condolences to you on the loss of your mother. It is understandable that you may feel uncertain and surprised in this situation, especially if you were not included in the will. Contesting a will is a sensitive and complex matter that requires some legal steps.
There are various reasons why a will can be contested. These include, for example, if the testator was not of sound mind at the time of making the will, if they were under pressure, or if the will was not properly executed. In your case, it seems that you suspect that your mother may not have been of sound mind or may have been under pressure.
To contest a will, you will need to file an application with the relevant probate court. It is advisable to seek the assistance of an experienced estate attorney to ensure that all legal steps are correctly initiated. Your attorney will help you gather the necessary evidence to contest the will and represent your interests in court.
It is important to note that there are specific deadlines for contesting a will. Typically, the deadline is one year from becoming aware of the contents of the will. Therefore, it is advisable to act promptly and not wait too long to assert your claims.
As for your chances of success, it is difficult to make a general statement as each case must be considered individually. The burden of proof usually lies with the person contesting the will. It must be shown that the conditions for contesting are met and that the will does not reflect the actual intentions of the testator.
I strongly recommend that you seek the advice of an estate attorney promptly to discuss your situation and initiate any necessary steps. Your attorney will provide you with comprehensive advice and support in asserting your claims.
I wish you strength and perseverance during this difficult time and hope that you will soon find clarity on the situation.
Sincerely,
Mia Widmann, Estate Attorney
