Why You Need A Solicitor When Making Inheritance Claims
Contesting an inheritance claim is a difficult legal process, of which it is extremely difficult to tackle this on your own. The idea of starting such an emotional and challenging process can often be very daunting to people and this feeling is only made worse if you do not trust your legal representation. This is why you need to best quality help possible in order to get through the claim. Below are the main reasons why decent legal representation is a must when it comes to these types of claim:
It is often an emotional procedure
A case of this type has unfortunately arisen due to the death of the loved one, so everyone involved is also dealing with grieving and can often feel quite vulnerable. Feeling this way makes dealing with your claim more difficult than if it were completely detached from emotion. Having legal assistance will make sure you only need to be involved up the level that you understand and any legal complexities are resolved without you having to worry about them. They can also offer impartial and rational advice at a time when it might be difficult for the aggrieved party to think in this way.
Contested probate cases are complex
This particular area of the law can be difficult in that the Will itself will need legal interpretation and there are many different issues to consider when contesting its validity. The majority of the legislative direction is provided by the Inheritance (Provisions for Family and Dependants) Act 1975, nevertheless other statutes can come into play such as the Mental Health Act 2005.
Your legal representative will have access to all the right statutory resources. They will also guide you through dealing with other legal hurdles such as getting an injunction and/or caveat preventing early distribution of the deceased person's estate.
Probate solicitors know what and how to gather evidence for a case
Making successful inheritance claims often depends on the quality of the evidence that you can gather and present before a court. Your legal representation will help gather the right evidence which is neccessary for a claim to be a success.
They can take you through court process
Many Wills cases will be attempted to be settled outside of the courts. This is primarily to save money on costs. This process can only really be successful where you have a good solicitor who gets all the documents in order and presents a good case. This will then deter the other side from wanting the case to go before the court.
The above list contains some of the main reasons why you should take on a specialist solicitor when deciding to contest a will. However another overiding point about cases of this type are that they are stressful and ladened with emotion, having legal representation helps take away from this stress.
About the Author
Bonallack & Bishop are a firm of solicitors experienced in how to contest a Will (http://contestingawilluk.co.uk ). For advice about inheritance claims, contact them today. Senior Partner Tim Bishop is responsible for all major strategic decisions, seeing himself as a businessman who owns a law firm.
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