A will is the ultimate decision of an individual regarding his asset distribution. When a diseased individual leaves a will behind him, there usually comes a simpler solution on the event of distribution of property. Otherwise it can create a great disturbance inside the family. Many a time a will can create a doubt in the mind of the family members and they can contest a will.
It happened to one of our neighbors who was a music teacher and he had no family members to be sustained by. He had a son who was staying abroad. When the person died, his entire property went to one his pupil who was learning music from him. The man who was very obedient to his teacher and quite supporting to the teacher during his ill health received every asset of the diseased man. When the son knew about the issue, he came to the country to contest a will. He talked with the acquaintances and he became sure that it was not his father’s decision rather it could have been some kind of deception.
The son hired a lawyer or a solicitor:
The son of the diseased man first hired an attorney. The attorney was a person with sufficient knowledge to search the grounds of undue influence or search the traces of fraud. After a deep consultation with all the acquaintances and the son, the attorney came to know that it was an act of fraudulence. But it was difficult for him to prove that will was a result of undue influence.
He attended all the hearing and proceedings regularly:
The son patiently filed the “contest a will” case against his father’s will as he knew it was never his father rather the student who formed the will. The attorney found a lot of ground to prove that will was a fraudulence one. The first ground he perceived that the student who received every asset after the death of the teacher was not his kith and kin. Son of the diseased man was alive and sane. The son was not a minor. He had all the capability to manage the asset of his father.
The son never neglected attending the proceedings and hearings and paid attention to the progress of the case. To a greater extent he knew that the will was not legally enforceable. The son of the teacher was not present when the will was made and also he was on speaking terms with his father. There was no explicit ground to exclude his son from becoming the heir.
I never knew about what were the grounds the attorney used to give justice to the son. But it was decided by the court that the son was the real heir of all the property and assets. It was great lesson for the entire locality where we used to stay.
I never knew before that incident about any such thing as “Contest a will”. But the son who was quite educated proved that to the rest of the world. If he did not contest a will, he would never have received justice for himself and for his father. His father was of sane mind at the time of his death but it was due to the act of fraudulence how the student received the will. His confidence on his father’s decision made him contest the will. If he had been silent, the assets may have been enjoyed by someone outsider. It was an act of bravery that taught the world about taking one’s right through legal procedures. It was a great inspiration for all of us.