A Commitment

to Each Client.

Challenging a will is possible only with a valid reason

For some people, realizing that they aren’t going to get what they expected after the death of a loved one is a shock. While a challenge to a will isn’t something that happens often, it might need to be considered in certain circumstances.

Around 99% of wills go through the probate process without having any challenges. The remainder will be subjected to intense scrutiny by the courts based on the claims of those who file the challenge.

What are some of the reasons to contest a will?

There must be proof that’s acceptable to the court that something happened that makes the will unlawful. Only certain grounds will qualify for this. For example, a will that was forged or created fraudulently would qualify. Undue influence is another reason. If any of these things were indeed the case, the testator or creator of the will wouldn’t have their wishes reflected in the document. That is why these are valid grounds for contesting the will.

Another reason to challenge a will is if the person wasn’t legally able to create a will. This can be because the person wasn’t of legal age to do so or because they did not understand the ramifications of the instructions they’re leaving.

If you feel as though you have a situation with a loved one’s will that requires you to challenge it, discuss the matter with an experienced estate planning attorney. They can advise you about your options and determine whether you have valid grounds to challenge the will.

FindLaw Network
LCA Litigation Counsel of America Fellow
ACTEC The American College of Trust and Estate Counsel
My Estate and Legacy Planner