Will your sibling challenge your parents’ will?

| Dec 10, 2020 | Will Contests

You’ve seen your parents’ will. You believe it is fair and accurate. That doesn’t stop you from having some concerns, though. When your parents pass away, is your sibling going to challenge that will?

Heirs do have a right to challenge a will

First and foremost, you need to know that your sibling is an heir and therefore has a right to challenge a will. They still need a reason to do so, but they have that right as an individual. Not everyone does. It’s generally restricted to close family members and those who would have benefited from a change. 

The next thing to consider is if there is even a reason for a challenge. They may want to do it just because of an old rivalry between the two of you or because they never got along with your parents, but that’s not enough of a reason on its own. They need something like:

  • A belief that the will is a fake or a forgery
  • The knowledge of a more recent will that takes precedence
  • The belief that undue influence played a role in the will’s creation
  • The allegation that your parents did not have the mental capacity to write the will

As you can imagine, this situation can grow quite contentious. If they challenge on the grounds that you forged the will or used undue influence, it’s hard not to see it as a personal attack, as well. 

What should you do if your sibling threatens to challenge your parents’ will?

Try to stay calm and collected. Just take the time to look into your legal rights. Will disputes are complicated, but resolutions are possible. Early action can help avoid a conflict that could otherwise damage your family’s long-term relationships.

 

Archives

FindLaw Network