The short answer to this question is ‘yes,’ but the longer, more accurate answer is more complicated. An appeal – which broadly means a legal motion to contest a court’s decision on a legal matter – can often be filed in situations such as the settlement of a late parent’s estate, but there are limitations regarding when one can be filed and why. The first important thing to understand is that someone can not appeal a decision simply because they do not like the outcome of the decision, nor can an appeal be brought forward for the purpose of litigating previously unaddressed matters. In fact, before an appeal can officially be filed, the Court of Appeal must first grant ‘leave’ – or permission to file – in order for the appellant to do so.
Under What Conditions Might an Appeal Be Successfully Filed and Litigated?
One instance of when an appeal may be granted leave is if the ruling in question favors an outcome that contradicts public policy. For example, if the deceased made a decision to exclude someone from their will based on explicitly-stated racial discrimination, such as the excluded child having entered into an interracial marriage the deceased openly did not approve of. Keep in mind, however, testamentary freedom policies dictate a person’s assets are not required to be distributed ‘fairly’ after death and so very specific conditions must be met in order for an appeal to be successfully filed and litigated.
What Materials Should I Have in Order to Successfully File an Appeal?
The validity and potential success of your appeal depends greatly upon your ability to prove your claim, whatever it may be. If, for example, you believe your late parent’s estate was not disseminated in accordance with their wishes, you would ideally want some form of demonstrable communication written or spoken by the deceased to that effect to prove your case before the Court of Appeal. If you are in doubt as to what may or may not be useful when seeking an appeal, a litigation lawyer may be able to help you make that distinction.
Should I Speak With a Litigation Lawyer About My Concerns Over a Court Decision Regarding my Late Parent’s Finances?
The loss of a parent is a terrible event even without a bitter fight over their estate and that kind of unpleasantness only makes matters significantly worse. Should such a dispute arise and go to court only for the court to rule in a manner with which you disagree might feel like insult added to injury. Still, even in a potentially highly emotional situation like this, it is important to keep a level head and seek out the objective opinion of a competent litigation lawyer who can properly assess all the related documentation and information available and advise you on if and how you should file an appeal.