Before you contest a will, it’s important to ascertain if you have legal grounds for contesting the will. After talking to our contest lawyer, they will help you determine the most applicable grounds for your contest. 

After that, the contest process will begin, and it follows the steps outlined below: 

• Notify the executors of the will: You should notify the executor of the will that you will contest the will before any assets are distributed.

• File a caveat: Filing a caveat simply means requesting time to investigate the circumstances surrounding the execution of the will. The caveat is filed with the Probate Registry to prevent the Grant of Probate from being issued before you can resolve the outstanding dispute. Once filed, the caveat is active for six months, giving you enough time to gather evidence for your claim. If the timeline is not enough, you can file to have it extended. 

• Gather evidence: You will need to gather evidence to support your grounds for contest. The first step is to obtain a copy of the will. Other types of evidence you will need to gather include medical records and other pieces of circumstantial evidence to back up the claim. During this stage, your estate lawyer will guide you on what is sufficient to prove your case. 

• Resolution: Wills and trusts contest can be resolved in two ways: - The matter can be resolved out of court by reaching an agreement with the other parties with an interest in the state with or without the need for mediation. - If you can’t reach an amicable agreement, the case might find its way to the court for litigation.

What Are The Time Limits For Contesting A Will?

It’s important to consult a will lawyer as soon as possible to determine if there are time limits that apply to your situation. As far as contesting wills and trusts goes, different rules apply to different cases. 

• When contesting the validity of the will, there is no time limit. However, you still need to act quickly before the executor distributes the assets. After distribution, it becomes more challenging to bring a claim. 
• If your grounds for the contest are for financial provision, which is under the Provision for Family and Dependants Act of 1975, you have six months counted from the date of the Grant of Probate to issue your claim in court. 
• For rectification of the will, you also have six months from the date of the Grant of Probate to raise the claim in court. 

Whether there is a time limit on your case or not, time is of the essence when contesting a will. You should find a wills contest lawyer near me as quickly as possible to give your case the best chances and to avoid complicating it further. 

Helping our clients in Pueblo County, CO, get the inheritance they deserve. 

Do you feel cheated after reading? Maybe you got less than you expected or noticed the will was different from what you were previously aware of. The Law Firm of Tammy W. Akers, LLC can help. We can provide you with the legal advice and representation you need to contest the will and ensure justice and your rightful inheritance are protected. 

With our experience as Estate Lawyers, we not only know how to draft legal and binding wills and other estate documents but also help our clients in Pueblo County, CO, who feel the will left behind by their kin was not a representation of their true wishes or was not legal. 

Let us help you with will contests by calling us at (719) 985-8192. We will get you started with a 30-minute phone consultation to get your questions answered.