A Commitment

to Each Client.

How do you know when to contest a will?

People create an estate plan so their loved ones know what their wishes are for their assets. While most estate plans are made without any issues, there are some instances in which they’re created under illegal circumstances. This includes things like making the estate plan under duress, undue influence or mental incompetency.

For some people, learning about the contents of their loved one’s estate plan is shocking. They may have thought that the plan contained specific terms because that’s what their loved one told them. But, when the will was read, it was totally different. That will bring up the question of why things weren’t as they were told. If the answer is because someone had the person change the will, contesting it might be in order.

Can you contest the will?

In order to contest a will, you need to have a valid reason, such as those we noted above. You also have to be considered an interested party. This means that you need to be named in the will or in a previous version of it, or you have to be a family member who would get property due to the state’s intestate laws if there wasn’t a will.

Contesting a will is a big decision, so you should ensure that you think about all the applicable points before you take any actions regarding the situation. It’s best to have experienced legal guidance so you can determine what option is best for your situation. Ultimately, you have to do what you feel is right and what would honor your loved one’s legacy.

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