Before you challenge the validity of your loved one’s will, it’s important to understand the gravity of your decision and the potential implications. Contesting a will could affect your relationships with close kin, not to mention the likely financial and legal repercussions.
As such, you should approach the situation with a clear understanding of what you are setting out on. Here are some key factors to consider if you are thinking of contesting a will.
Do you have valid grounds?
You must have legitimate grounds or legal merit to contest a will for a successful outcome. Otherwise, the probate court may strike out your case. Common reasons include undue influence, lack of testamentary capacity, fraud and improper execution.
How strong is your case?
You might have valid reasons to contest the will, but do you have sufficient proof? The burden of proof lies on the person contesting the will, which means you must present evidence in your support. The strength of your case depends on the evidence you present.
The potential costs and risks involved
Will contests can be expensive. Legal fees, court costs and other associated expenses can quickly add up. You may also be responsible for the estate’s legal costs if you lose the case or even forfeit your inheritance if the will contains a no-contest clause. Weighing the potential financial burden against the expected benefits can help you make an informed decision.
The emotional toll of contesting a will can also be significant. Consider the broader impact this might have on your life and the lives of those around you. Seeking a qualified evaluation of your situation can help you decide what is in your best interests and protect your legal rights.