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Can A Clause Restrict Your Right To Appeal The Will In The Court?

admin post on June 7th, 2017
Posted in Law Tags: ,

If you are thinking to hire a wills & testaments attorney who can handle your case of challenging wills, then there are a few things which should be set right. Challenging a will requires you to make sure that you are challenging it in the court only because there is some genuine flaw in the will and not because you are not happy with it. Wills can be challenged in case it is not in line with the requirements, lack the signature of the witnesses, will was not made legally such as the one who made the will was not in the legal capacity to make the same and so on.

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Appealing in the Court

Many a times, there have been appeals over the will, stating that it was made under the undue influence. However, it is not very easy to prove that who was the person or the event which pressurized the will maker to make the will as it is today. There have been cases in the past where one sibling who gets a lesser portion argues that the sibling who has been living with the parents pressurized them to write the will mostly in their favor.

Your attorney would tell you that there are various risks in challenging a will. In case you have challenged the will in the court which includes the ‘no contest’ clause then there is a risk of losing the portion that has been written to you. Therefore, without reading and hiring the attorney to check the will once for such clauses, it should not be challenged in the court.