Cancellation of a discriminatory will

You will probably find that you were excluded from the will of a relative after his death. This discovery is sometimes very painful since in most cases these are first degree relatives and the harm is not just financial but also emotional.

At this stage you cannot argue with the testator who died and “come to terms” with him or convince him that he made a mistake and you have to face directly the inheritors according to the will.

No less worse are the cases in which you are suspicious or that you know that the will that discriminated against you was made under circumstances that impaired the testator’s free will such as duress, undue influence on behalf of the inheritors or taking advantage of the testator on their behalf.

Now you are obligated to find legal ways to change this situation and add your name of the list of inheritors.

 

The decision to institute a legal process in connection with the will under dispute mostly gives rise to personal disputes among inheritors, who are mostly relatives, and this decision is far from being easy. Even when you know that you are right, and that the decision is mostly affected by the complexity of family relations.

 

At the same time, there is the feeling that you were unjustly disadvantaged especially when you know that the will was drafted contrary to the testator’s will while taking advantage his weakness or medical condition.

You have to make the decision whether to institute legal proceedings to revoke a will after you established your chances to win this claim and the influence this decision will have on your relations with other family members.

If you choose to receive legal counseling, it is possible that an advocate will be able to help you find legal flaws in the process of making the will, or its drafting, that will result in its partial or full revocation.

Concurrently the advocate will act for the purpose of claiming your rights that are not contingent on the will, if any (such as rights by virtue of a relationship, sharing, alimony).

It is recommended to hire the services of an advocate who specializes in different aspects of family law together with, and not just exclusively, inheritance law, to examine whether there is a legal way to “attack” the “discriminatory” will or to “salvage” some of the testator’s property by “taking him out of the will” and not just by revoking the will directly.

It is no less important that you make arrangements and notify the advocate representing you about the nature and complexity of the relationships maintained between you and the other inheritors. These details will help your advocate both in terms of the “psychology” involved in handling the case and his sensitive and cautious conduct so as to cause minimal damage to the family texture.

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