3 mistakes to avoid when contesting a will

On Behalf of | Mar 6, 2023 | Will Contests

Contesting a will is necessary if you believe the given one does not reflect your loved one’s true intentions. However, you should be informed to make the right moves. Mistakes can affect your chances of fighting for your loved one.

The following are three mistakes to avoid when contesting a will:

Having no grounds

You can’t contest a will without a valid reason. The success of your case is based on its grounds. Common grounds for contesting a will are undue influence, last-minute changes, changes made when the testator was suffering from an illness like Alzheimer’s disease, the will was created when the testator was mentally incapable, one child or a spouse has inherited everything and so on.

Delaying to act

If you have grounds for contesting a will, you should act on time. Let the court know earlier that you want to challenge the will before allowing the executor to assume their duties. Additionally, in Ohio, you have three months to contest a will. Thus, the longer you wait to act, the court may allow the executor to distribute assets, or you may run out of time.

Further, filing your case earlier gives you enough time to gather needed evidence to prove your grounds for the contest.

Negotiating with the executor

Upon learning of the contest, the executor may contact you, especially when they are a primary party in your grounds for the contest. They may try negotiating with you and offer an incentive to drop the claim. While this is tempting, it’s unfair to the testator and other beneficiaries. Besides, it can get you into legal trouble.

These mistakes can affect your will contest case. You should get professional guidance to make the right moves, protecting your loved one’s wishes. 


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