Has a loved one died recently? If so, did you discover after her death, to your absolute horror, that your beloved great aunt cut you out of her will and distributed the proceeds of her estate to your evil twin sister with the remaining share going to a trust for her cats? If so, you need legal assistance.
There are multiple ways to challenge a will if you have been disinherited. The two major ones are arguing that the will is invalid and applying for a variation of the will. A will may be held to be invalid by the courts if, for example, your late aunt lacked the capacity to make the will or if she was coerced into disinheriting you by a jealous sibling. Alternatively, section 60 of the Wills Estates and Succession Act (known to lawyers as “WESA”) allow beneficiaries to apply to Court to have a will “varied” if the will is inadequate or unfair. Such claims can only be brought by children (but not stepchildren) and spouses (both married and common-law spouses qualify).
Strict time limits apply to wills variation claims. If you want to apply for a will to be varied, you must do so within 180 days (six months) of the grant of probate being issued by the Court. Failure to meet this deadline could cause your claim being thrown out of Court.
If you have been placed in the difficult situation of challenging a will as a beneficiary, our knowledgeable and gracious lawyers are here to help. Call or message us today to set up your initial consultation.
