The cases where an Advokat is contesting wills on behalf of family members and other heirs and named beneficiaries are increasing, as more people are contesting wills that they feel are unfair or were drawn up using coercion or deceit. Another common reason a will is contested is if the loved ones believe that the deceased was not in their right frame of mind when the will was prepared. Just since the year 2004 the number of contested wills in European countries has tripled. Just because a will is considered unfair to family members, this does not mean that they can successfully contest it. As long as they are in the right frame of mind and not suffering any mental defect or illness, a person generally has the right to leave their estate to whomever they wish. An advokat should be consulted any time a will is believed to be unjust or signed under duress or mental illness, so that possible heirs know what their options are. Usually wills are contested by spouses, children, and others who are dependent on the deceased, and each specific case is different, with different factors and circumstances.
Many advokater see cases all the time where family members are contesting a will, and the results have been mixed, especially in high profile cases. In the case of advokat Anthony Sherrington, his children contested the latest will which left his entire estate to his new and younger wife, with no provisions for his children. His wife inherited millions, and the children were left with nothing, and after speaking to an advokat the children contested the will. The court found that even though the will may seem unfair to the children, they could offer no evidence to show that Anthony Sherrington was suffering from any mental defect or undue pressure, and he knew exactly what he was doing. The new wife got to keep the whole estate.
The courts found the opposite in the case of Branislov Kostic, who left most of his fortune, amounting to millions, to the Conservative Party. His son contested the will with evidence that Mr. Kostic was prone to paranoid delusions, and believed that Margaret Thatcher was destined to save the world from satan and other evils. This was the reason he left his estate to the party. The court found that Mr. Kostic was not in his right mind when the wills were prepared, and that his son was entitled to inherit his estate.
