The Process of Contesting a Will

A person’s last will and testament allows them to choose the beneficiaries of their assets and property. However, this process is not always clear-cut. In some cases, a will may be contested, or challenged.

Consult with a determined estate planning attorney today for more information on contesting a will or to secure legal advocacy.

What Constitutes a Contest of a Will?

Contesting a will means challenging the document. Anyone who has an interest in the will, such as a beneficiary, can usually contest it. These situations usually occur because a beneficiary believes that the decedent’s last wishes were altered by a lack of mental capacity, coercion, fraud, or another factor that impacted the genuineness of the document.

Evidence Used When Challenging a Will

The type of evidence used to challenge a will is based on the reason why it is being contested. For example, undue influence is a common reason for a contest. In order to prove undue influence, a person must identify who influenced the testator, their reasonings and interests in doing so, and how they did it.

The Role of an Attorney in Contesting a Will

A wills lawyer ensures that the decedent’s last wishes are validated. First and foremost, they make sure that the will follows the formal requirements to be created, including that the will-maker has the testamentary capacity and is of sound mind. An attorney also looks at whether the will is clearly written, signed, dated, and witnessed.

Some other ways to protect a will from being contested include sharing the decisions the will-maker made with their family so that everyone is aware of them. They can do this verbally or give a copy when it is drafted. This shows that these are their wishes and that they are not influenced or coerced by anybody.

Speak With an Attorney About the Process of Contesting a Will Today

A will-maker’s decisions must be respected and honored once they pass. However, there are times when contesting a will may be necessary, especially if there are signs of coercion or fraud.

If you believe that your loved one’s testament may not align with their wishes, do not hesitate to contact our team today. We can walk you through the process of contesting a will and every legal facet involved.