When is a will contest an option?

On Behalf of | Jun 11, 2024 | Will Contests

Losing a loved one is an emotional time, especially if you were close to them. Learning that they had a will that isn’t what you expected to be can be disheartening. In some cases, you may be concerned that the will you’re being presented with doesn’t actually reflect their wishes.

There are instances in which you can contest the will. The reasons for contesting the will and the people who are allowed to contest it are limited. Understanding those points may be beneficial if you’re considering taking this step.

Who can challenge a will?

Only specific people can challenge a will. These include individuals who are named in the current will or a former one, creditors who have a valid claim against the estate and people who would stand to inherit the assets if the person had died intestate.

What circumstances can lead to contesting a will?

In order to contest a will, there must be something that would invalidate the will. This includes being able to prove that the decedent wasn’t of sound mind when it was created. Claims of undue influence or financial manipulation can also lead to challenging a will. Another possibility is if the will doesn’t have required elements, such as signatures and witnesses.

It’s often difficult to prove these, so it’s best to determine if the evidence is available to show that there’s a valid cause for the challenge before announcing you are going to do it.

Challenging a will is a complex undertaking that must be done quickly after the decedent passes away. Seeking assistance with this process may make it easier, especially since you’re going through such an emotional time now.


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