Only 31% of Americans hold a will, according to estate planning website Trust & Will. Disagreement among involved parties is a common basis for will contests.
Contesting the will involves the process of going to the courts and raising doubts as to the legality of the will after the testator, or the person who made a will, passes away.
Will contesting can be tricky and intimidating, but it is doable if approached correctly. When you have a lawyer at your side, you will be made aware of the legal grounds that could possibly uphold your case, as well as the procedures involved in the actual contesting of the will.
According to the probate attorney Douglas A. Oberdorfer, P.A., a survey showed that most Americans do not have an estate plan. Without a will, family members left behind may face financial or medical issues. With a competent probate lawyer on your side, you will be able to circumvent the issues arising from an estate administration case, which involves the court in supervising the management of a deceased person’s estate.
Let us discuss the steps you need to take to properly contest a will.
Reasons for Contesting a Will
The most common reason for contesting a will lies in the trying of the case on grounds of undue influence or coercion upon the testator. There can be undue influence when some person close to the testator pressures him or her into making certain provisions.
The other reason would be the lack of testamentary capacity, which means the deceased was not of sound mind at the time of the making or alteration of their will. This occurs when the deceased experienced mental illness, dementia, or incapacity, which impaired the valid execution of the will.
If there is an issue concerning the will’s fairness, such as forgery or tampering, one may have to hold a contest to bring about fairness and justice.
If not properly executed according to state law, the will could be contested on grounds of improper execution. If the will is so old that it does not reflect the present wishes of the testator, it also may be challenged.
According to the lawyer from Ross Law Group, APC, you must first identify yourself as an interested party before being able to legally contest a will. Contesting the will would carry out the deceased’s final wishes, as he or she intended.
Steps in the Contesting Process
The first step of contesting a will is usually to ascertain whether or not any party has legal standing to contest it. Standing may encompass being named a beneficiary under the current will or a previous similar document, being an intestate heir, or being a creditor to whom the deceased owed money.
After having established your standing, the next step is to proceed to get the evidence that would support your claim. You might collect earlier wills, financial records, medical records, or any other relevant documentation.
After gathering all relevant evidence, the third step is to file your formal objection to the will in probate court. The objection will set forth reasons as to why you are contesting the will with supporting evidence. Upon the filing of the objection, the court will then schedule a hearing in which both parties will have an opportunity to put forth their case.
Tips for Successful Contesting
Seeking early help from a lawyer will help maximize the chances to successfully contest a will. A will contest lawyer can give you the legal requirements and possible results.
Accumulating all sets of documents concerning the will in question, including prior wills and any writings on it, is important. Keeping thorough records and documentation further strengthens your case and gives clarity to the situation surrounding the will.
Communicate with all parties involved. This include other beneficiaries and executor of the will. This way, any misunderstandings that may occur can immediately be cleared up without settling them in court.
Resources for Will Contesting
When contesting a will, using relevant resources can significantly aid your case and help secure a favorable outcome.
This resource includes representation. Having a trusted estate attorney can help you acquire knowledge about the entire process. With their guidance, you can fully understand your legal rights, and help you handle formalities to build a convincing case based on statutes and precedents that best support your claim.
Financial experts would be helpful for the proper evaluation of the estate, validation of the will, and curtailing any financial improprieties. They can render expert testimony to substantiate your allegations, thereby joining forces with you in court.
See to it that you gather all relevant documentation. These documents may be the proof that can help you with your case or disclose any discrepancies or irregularities when they exist. Good use of these resources is bound to help you in trying to contest the will.
Should you find yourself having legitimate grounds to contest a will, you must act immediately. Engage a lawyer to acquire information regarding the various reasons for contesting the will and how to go about doing it. Your resolve to follow the proper conduct can greatly enhance the chances of success.
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