Question By: Contesting a will is what you do when you challenge the validity of a person's last will and testament during probate. Probate is the official judiciary process of validating a will. This process involves asset and property distribution in accordance with the instructions stated in the will. If you seek to invalidate a will's terms, be sure you have legal standing.
Only certain people can contest a will. They must be “interested parties,” which means they have a potential stake in the estate. Interested parties include:
- Any beneficiary named in the will
- Beneficiaries listed in a previous version of a will, but written out of the most recent version
- Potential heirs – this is anyone who could receive assets under intestacy laws, including a spouse, children, parents, siblings, grandchildren, and other extended family
Reasons for contesting a will:
- The deceased did not have the capacity to make a will at the time that they signed it
- The will was made under the influence of others
- A person that the deceased had a responsibility to care for, was not left a fair share of their assets
Grounds Needed to Contest a Will:
- The will fails to adhere to state laws
- The will is unclear
- The will contains forgery and fraud
- The will writer was unduly influenced or coerced
- An heir disagrees with asset distribution
At Orlowsky & Wilson, Ltd can explain to you what you can expect in your will or estate challenge lawsuit.
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