There are usually a lot of emotions present when you learn that a loved one passed away. Those might intensify if you discover that the decedent’s will doesn’t reflect what you thought it would say. In some cases, it’s possible to contest a will.
In order to contest a will, you have to be considered a person of interest in it. This means that you were named in the will or in a previous will or are considered an heir. If you qualify as someone who can contest the will, you’ll have to determine if the reason you’re contesting the will is valid.
Reasons to contest a will
You can’t contest a will just because you don’t like what it says. Instead, you must have a valid reason, such as undue influence. This means that the person was influenced to create or change a will in a way that they wouldn’t have wanted.
Another common reason that a will might be contested is a lack of testamentary capacity. This occurs when the person creating or changing the will can’t understand what they’re doing. A valid will requires the person to fully understand the implications of their decisions, which includes knowing the value of the property and who will benefit from the will’s terms.
Improper execution is another possible reason to challenge a will. There are specific legal requirements that must be present in the will, so contesting it is possible if they aren’t present.
Contesting a will can be emotionally challenging and financially draining. These disputes can open conflicts and create new ones between families. Because of this, it’s often best to work with someone who understands the situation and can help to determine if contesting the will is the appropriate course of action.