Did you know that in 2023, 195 cases of inheritance disputes reached the courtroom, compared to just 145 cases in 2017? A research from Worldmetrics.org finds that between 0.5% and 3% of wills are contested. Contesting a will means going to court to question the will’s legality after the testator, or person who made the will, has died.
Contesting a will can be complicated and intimidating, but it can be handled effectively with the right guidance. If you have a legal counsel with you, you can understand the legal grounds that may support your case, and you’ll learn about the steps involved in the contesting process.
Probate attorney Douglas A. Oberdorfer, P.A says over 60% of Americans die without a will or any kind of estate plan in place. This can cause major financial and legal problems for the loved ones they left behind. In this case, a probate attorney can guide you in the court-supervised procedure of administering a deceased person’s estate.
Let’s now look at the process of contesting a will:
Reasons for Contesting a Will
One common reason for contesting a will is if you believe the deceased was under undue influence or coercion when creating the will. This can occur if someone close to the deceased pressures them into making certain provisions.
Another reason could be the lack of testamentary capacity, meaning the deceased wasn’t of sound mind when creating or modifying the will. If the deceased was suffering from a mental illness or dementia at the time, it could call into question the validity of the will.
If there are concerns about the will’s authenticity, such as suspected forgery or tampering, contesting the will may be necessary to guarantee fairness and justice.
If the will doesn’t meet the formal requirements set by state law, it may be contested on the grounds of improper execution, and if the will is outdated and doesn’t reflect the testator’s current wishes, it can be challenged.
According to the lawyer from Ross Law Group, APC, if you suspect that a will does not truly represent the deceased’s wishes or if there are indications of wrongdoing, you might have legitimate grounds to contest the will. Contesting the will means you can carry out the deceased’s final wishes as he or she intended.
Steps in the Contesting Process
The first step in contesting a will is determining if you have legal standing to contest it. This typically involves being a named beneficiary in the current or previous will, an intestate heir, or a creditor to whom the deceased owed money.
After establishing your standing, the next step is to gather evidence supporting your claim. This may include documentation such as previous wills, financial records, medical records, and any other relevant information.
Once you have gathered the necessary evidence, the third step is to file a formal objection with the probate court. This objection should outline why you’re contesting the will and provide supporting evidence. After filing the objection, the court will schedule a hearing where both parties can present their case.
Tips for Successful Contesting
To enhance your chances of success when contesting a will, consider seeking legal guidance early in the process. A knowledgeable attorney specializing in will contests can provide valuable insights into legal requirements and potential outcomes.
Gather all relevant documents, such as the will in question, previous versions, and any communication related to the will. Keeping detailed records and documentation will strengthen your case and clarify the circumstances surrounding the will.
Maintaining open communication with all involved parties, including beneficiaries and the executor of the will, can prevent misunderstandings and potentially lead to a settlement outside of court.
Resources for Will Contesting
When contesting a will, accessing relevant resources can significantly strengthen your case and increase your chances of a favorable outcome.
One resource is legal representation. Hiring an experienced attorney specializing in estate law can provide you with valuable expertise and guidance throughout the process. Your lawyer can help you understand your rights, handle legal procedures, and build a strong case based on relevant laws and precedents.
Consulting with financial experts can also be beneficial. They can assist in evaluating the estate, assessing the will’s validity, and determining if any financial misconduct has occurred. These professionals can provide expert testimony to support your claims and strengthen your position in court.
Accessing any relevant documentation is necessary. These documents can serve as evidence to support your case and uncover any discrepancies or irregularities that may exist. Utilizing these resources effectively can enhance your chances of successfully contesting a will.
Conclusion
Act immediately if you think you have justifiable reasons to dispute a will. Consult with a lawyer to understand the grounds for contesting and follow the necessary steps. Determination and proper guidance can increase your chances of a successful outcome.