It is a good idea when making inheritance claims to use a specialist solicitor to help support your case. It can often be a daunting process to go through when you contest a will, so having the right solicitor on your side will be massively beneficial in helping you get through it. This article looks at some of the top reasons why you should use a solicitor when contesting inheritance claims.
It can be an emotional process
When you have recently lost a loved one, you will generally feel fragile and emotionally vulnerable. This is completely understandable and it can make any issues with the will seem more daunting that they otherwise would. Having a sympathetic solicitor on board will take much of the strain off you as they will be acting on your behalf - and in your interests - throughout the case. This means that you can be assured of having a calm, rational presence there for all issues of the case during what can be a very emotional time.
Probate is a complicated area of law
As with most areas of the law, there are tricky clauses and issues that have to be considered when making a case to contest a will. Much of the legal provision for inheritance claims is found in the 1975 Inheritance (Provision for Family and Dependants) Act, but in certain cases other Acts can be used to contest a will, such as the 2005 Mental Health Act if there is a concern the deceased was not of sound mind when the will was written.
Your solicitor, provided you instruct a specialist in the field, will also be able to guide you through legal issues that may arise, such as caveats or injunctions in order to prevent the premature distribution of the estate of the deceased.
Lawyers can help you gather evidence
Anyone looking to make inheritance claims will need to be able to prove that whatever they say is true or else the court will uphold the will. Your solicitor will be able to help you gather the necessary documents and evidence needed in order to give your case the very best chance of success.
They can support you in court
Most cases where wills are contested tend to be settled out of court because it ultimately helps to reduce the cost of the case. However, if your case does end up in court, having a solicitor behind you can be massively beneficial. They will help ensure that all of your documents are in order and add gravitas to the claims you make.
The above are just a few of the reasons you should always use a solicitor when deciding to contest a will. Above all, it will give you the peace of mind that your case is being properly handled and that proceedings run as smoothly and efficiently as they possibly can.