A Personal Injury Blog: Making a ClaimA Personal Injury Blog: Making a Claim


About Me

A Personal Injury Blog: Making a Claim

The aim of this site is to provide you with the info and tools you need to work with an accident or personal injury attorney. Having an accident in the workplace can be extremely disruptive and upsetting. While you are recovering from your injuries, you may not have given much thought to the idea of claiming compensation. However, if the accident wasn't your fault, you have the right to claim for loss of wages, physical and psychological trauma, and the cost of any ongoing medical care you need. While we don't have any expert knowledge when it comes to this subject, we have spent a long time carefully researching everything you see here.

Categories

Latest Posts

Can You Contest a Will If You Are Not an Immediate Family Member?
21 December 2022

If you had a substantial relationship with another

Can You Sue a Restaurant Owner for an Injury or Illness?
20 May 2022

Whenever you go into a business that's open to the

When Applying for Parenting Orders, What is a Notice of Risk?
22 November 2021

When two parents separate, their main duty should

Need Help With Your Truck Accident Case? Why Hire a Lawyer
19 May 2021

Truck accidents are often tragic, and the compensa

Questions That Victims Frequently Ask About Personal Injury Cases
26 April 2021

You've probably never taken time to think about ho

Can You Contest a Will If You Are Not an Immediate Family Member?

If you had a substantial relationship with another person where you depended on them for financial support, you might be upset when they passed away. You may be even more concerned if you find that they did not make provisions for you in their will, even though you were expecting some ongoing support. If the situation could make matters difficult, you may be looking at your options and wondering whether you can contest the will or not. What does the law say in this situation?

Grounds for Contest

Typically, the only people who can contest a will are the spouse or former partner, a child or grandchild (or another member of the deceased household). Still, it may be possible for someone to lodge an application if they can prove that they were substantially dependent on the deceased.

Freezing the Estate

If you believe you have a strong case, the first step will be to notify the executor of the will that you intend to make a claim. This will effectively "freeze" the estate as it is until the claim has been assessed.

Reaching Informal Approval

Ideally, you will be able to negotiate the matter with the executor (and other beneficiaries) without needing to go in front of a court. Should this be the case, you'll then be able to draw up a formal agreement with a solicitor that should protect all parties going forward.

Filing Your Case

Still, it's not always easy to reach an informal agreement like this, and if you encounter a sticking point, you may have to initiate court proceedings. When this happens, certain documents will need to be filed in court, including any evidence that you have to support your claim. All this information will need to be served on the executor, who will then (with the beneficiaries) have the opportunity to defend the situation.

Moving through the Court Process

Typically, a mediation session is the first stage of any court proceeding. All parties are encouraged to resolve the dispute here, but a trial date will be set if this is not possible. During these hearings, you will have to demonstrate to the judge that you have an ongoing financial need and clearly outline the nature of the relationship with the deceased. The judge will then look at this argument while taking into account the size of the estate and the needs of the other beneficiaries before reaching a conclusion.

Your Best Approach

It is certainly possible to succeed with your aspirations, and the judge may well decide that a provision should be made. However, the process can become quite involved, and to stand the best chance of success, you should engage the services of an experienced solicitor. For more information on will disputes, contact a professional near you.