If you believe your loved one’s will doesn’t reflect their true wishes, you may want to contest it. While this is a legal right that you have, you have to consider whether or not it’s a smart move.
For situations where you truly believe the will is not fair or based on your loved one’s wishes, you may want to contest it. However, be sure you know all the facts before doing this.
Check for a no-contest clause
Sometimes, when making a will, the individual will include a no-contest clause. The goal of this is to keep beneficiaries from challenging what has been outlined in the will. In most cases, if someone contests a will with a no-contest clause and loses, they will receive nothing. If you were left something in the will, you should consider whether it is worth risking that inheritance to challenge the will.
Your case will probably settle out of court
When it comes to will litigation, most cases settle out of court. However, these types of cases can take a while to complete. Therefore, you still need to be prepared to be in it for the long haul.
A will contest can cause family rifts
You have the legal right to contest a will after a loved one dies. Just remember, this can be a difficult and emotional process. It may also result in conflict between you and other beneficiaries in the will. Be sure you are confident that this is the right step before moving forward.
It’s important to have experienced legal guidance as you make the decision about contesting a will and as you go through the process. This can help you protect your rights and work to ensure that your loved one’s wishes are carried out as they would have wanted.