If you as an heir feel that the deceased's will is unfair and disadvantages you, then let us tell you that it is possible to contest the will, whether it is written by the hand of the deceased, or whether it is a notarial deed. But this action can be difficult. In this case, the assistance of a Wills Lawyer in Calgary experienced in the exercise of contesting wills is essential.
To be valid, a will must comply with a certain formalism and must not predate any document that could also be considered a will.
The descendants and possibly the surviving spouse have a mandatory share in the estate. The testator can only freely dispose of the remaining assets, called the available portion.
If you believe that the testator was not of sound mind at the time of writing his will, or that he was the subject of abuse of weakness, manipulation, threat, you can also take action to cancel the will.
Insofar as the courts must be seized, it is mandatory to call on a Wills Lawyer to contest the validity of the will or the status of the testator. The lawyer will be able to defend your interests and allow you to unblock the estate.
In the presence of donation
When certain heirs have benefited from donations during the lifetime of the deceased, it is possible in certain cases to request that they be included in the amount of the estate. Indeed, if they are recognized as an advance on inheritance, their report will restore the balance between the heirs. The expertise of a lawyer in inheritance law will help you prove the existence of such a gift.
In the presence of undivided property
When the heirs find themselves,owners of a property in joint ownership, it can be complicated to get out and agree on the amount of each person's share.
Your lawyer can then request expertise from the judge for the purposes of evaluation and preferential allocation of the property. The heirs who no longer wish to be owners will thus obtain the money which is theirs, while those who wish to keep it will be full owners.
In the presence of life insurance
In principle, the amount of life insurance contractsis not included in the estate. However, if the amounts paid are clearly exaggerated, it is possible for the heirs wishing to contest the payment of the contract to the beneficiary to take legal action. Here again, the use of an expert Estate Lawyer in Calgary is essential.
After having to ask the judge to obtain the elements necessary for your defense from the insurance organization, the lawyer can prove from subjective elements such as the age of the subscriber, his assets, his state of health, etc. that the bonuses paid were manifestly overstated. If this is proven, the amount of the life insurance will then be reinstated in the estate.