Call Now – Free Consultation
Virtual Appointments Available

What should you know about contesting a will?

On Behalf of | Apr 26, 2024 | Probate

The death of a loved one is something that’s hard to deal with. Once you find out about their passing, there are other things to handle, such as taking care of the estate plan. This is something that usually goes off without any issues, but it’s also something that may lead to will challenges.

Challenging, or contesting, a will occurs when someone has a valid reason to believe that the will being presented to the court isn’t one that the decedent actually understood and intended to be followed. There are very specific points that must be met in will contests.

What circumstances may lead to a will challenge?

Laws are very specific about who can contest a will and when. In order to challenge the will, the person who’s filing it must have a valid interest in the outcome of the will. This includes the decedent’s creditors, people named in the current will, people named in previous wills and individuals who would be heirs if there wasn’t a will.

In order to contest the will, there must be a valid reason. This includes things like the creator not being of sound mind or the being subjected to undue influence. Other instances include not having everything present on the will for it to be considered legally valid.

Anyone who needs to contest a will should ensure they have someone on their side who can ensure the points they have related to the will are accurately relayed. It’s best to do this quickly because there are time limits for being able to challenge a will.