What are the consequences if you contest a will and lose?

On Behalf of Zigray Law Office, LLC | Jul 24, 2024 | Will Contests

If you are considering challenging the validity or legality of a will in probate court, it helps to be prepared for any eventuality. Nothing is guaranteed when it comes to legal proceedings; a will contest is no exception.

The court may rule against you if you present insufficient evidence or weak arguments, and it’s important to understand the potential consequences of such an outcome. Here is what you need to know.

You will bear the legal costs

If you lose a will contest, you may be liable for the legal costs and fees associated with the case. The rule of thumb is that the losing party pays the winning party’s court expenses. As such, the court may order you to reimburse the estate’s legal bills besides your attorney fees, which can be a tidy sum.

You could lose your inheritance

When you contest a will with a no-contest clause and lose, you may have to forfeit part of or all inheritance you were entitled to. No-contest clauses are aimed at discouraging challenges to a will and are enforceable in Ohio.

It may strain relationships with loved ones

A will contest can create conflict among family members due to the emotional and financial stakes involved during an already difficult period. For starters, no one will inherit anything until the matter is decided, and such cases can be lengthy. Secondly, allegations of fraud or undue influence can create suspicion and distrust, leading to further division.

There will be no changes in the distribution

Should the court uphold the will, nothing will change and the distribution of assets will proceed as directed by the will. It means your effort, time and resources spent in the contest will go down the drain.

Given these undesirable consequences of losing a will contest, it’s imperative to weigh the risks against the benefits beforehand. Seeking legal guidance for a qualified assessment of the strength of your case can also go a long way in making the right call

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