Contesting A Will - What You Need To Know

Posted by smith clea on May 29th, 2023

When a loved one passes away, it can be a difficult and emotional time for everyone involved. If you have been left out of their will or believe that the will is not a true reflection of their wishes, you may be considering contesting the will. Contesting a will can be a complicated and lengthy process, so it is important to understand what is involved and what you need to know before taking any action.

Grounds For Contesting A Will

Before you can contest a will, you need to have legal grounds to do so. There are several reasons why a will may be contested, including:

Lack of capacity: This refers to situations where the person making the will did not have the mental capacity to understand the nature and effect of the document they were signing.

Undue influence: This occurs when someone exerts pressure or coercion on the person making the will, causing them to make decisions that they would not have otherwise made.

Fraud or forgery: This refers to situations where the will was created under false pretenses or where someone has forged the signature of the person making the will.

Formalities: In order for a will to be valid, it must be executed in accordance with the legal formalities. This includes having it signed and witnessed by the required number of witnesses.

Family provision: This is a type of claim where someone who has been left out of a will (or not provided for adequately) can make a claim for financial provision from the estate.

The Process Of Contesting A Will

If you have legal grounds to contest a will, the first step is to seek legal advice. A lawyer who specializes in wills and estates can help you understand your options and guide you through the process.

The process of contesting a will typically involves the following steps:

Gathering evidence: In order to contest a will, you will need to gather evidence to support your case. This may include medical records, witness statements, and other relevant documents.

Making a claim: Once you have gathered your evidence, your lawyer will help you make a claim against the estate. This will typically involve sending a letter to the executor of the estate (the person responsible for administering the will) outlining your case and the grounds for contesting the will.

Negotiating a settlement: In many cases, the executor of the estate may be willing to negotiate a settlement rather than going to court. Your lawyer will help you negotiate a fair settlement that meets your needs.

Court proceedings: If a settlement cannot be reached, your case may go to court. This is a lengthy and expensive process, and it is important to have a lawyer who is experienced in wills and estates law to represent you.

Things To Consider Before Contesting A Will

Contesting a will is not something to be taken lightly. Before you take any action, it is important to consider the following:

Emotional toll: Contesting a will can be a stressful and emotional process, particularly if it involves family members or close friends. It is important to be prepared for the emotional toll that this may take on you.

Financial cost: Contesting a will can be expensive, particularly if your case goes to court. It is important to understand the financial costs involved and to have a plan in place for covering these costs.

Likelihood of success: Before you contest a will, it is important to assess the likelihood of success. If your case is weak, it may not be worth the emotional and financial cost of pursuing it.

Timeframe: Contesting a will can be a lengthy process, particularly if your case goes to court. It is important to understand the timeframe involved and to have realistic expectations about how long it may take to resolve your case.

Final Thoughts

Contesting a will is not an easy decision to make, and it should be approached with care and caution. It is important to seek legal advice and to understand the grounds for contesting a will before taking any action. You should also consider the emotional and financial costs involved, as well as the likelihood of success and the timeframe for resolving your case.

If you do decide to contest a will, it is important to have an experienced lawyer who can guide you through the process and represent your interests. With the right legal support, you may be able to successfully contest a will and receive the inheritance you believe you are entitled to.

However, it is also important to remember that in many cases, a will is a true reflection of the wishes of the person who made it. Contesting a will should not be undertaken lightly, and it is important to approach the process with respect and understanding for the wishes of the deceased.

In conclusion, contesting a will can be a complex and emotionally challenging process, but in some cases, it may be necessary to ensure that a person's wishes are respected and that those who are entitled to inherit receive their fair share. If you are considering contesting a will, it is important to seek legal advice and carefully consider the grounds for contesting the will before taking any action. With the right legal support, you may be able to successfully contest a will and receive the inheritance you are entitled to.

About The Author

Smith Clea is a USA-based author on Legal issues related to estate planning, will and trust business law, and elder law. Smith Clea does her best writing on these topics that help users to find the best solutions to their FAQ on estate planning, probate laws, will lawyer, and more about legal family issues. The author can be reached at https://rochesterlawcenter.com