What is Estate Litigation?
When someone passes away, they often leave behind assets (such as cash in a bank account, a house, shares, a car) and more common than not, debts (such as a mortgage, credit cards, car loans). These assets and debts form a deceased person’s ‘estate’.
If the value of the debts is greater than assets – there is rarely any dispute.
However, when the assets are greater than the debts, there are often disputes that arise about who is entitled to what.
Reasons for Contesting a Will
The following are the most common circumstances when you might contest a Will:
What happens if my claim is successful or unsuccessful?
If your claim is successful in addition to any benefit you receive, the estate will also be required to contribute towards your legal fees.
However, even if your claim is unsuccessful, usually the estate will still be required to contribute towards your legal fees unless you have acted unreasonably.