How to Contest a Will and Trust
If you find yourself in a situation where you are questioning the validity of a will or trust, you must take the appropriate steps to contest this legal document. Consult with an attorney to follow the procedure and ensure the assets are handled the way they should be.
- Confirm that you have the legal right to contest this document, and that you have any necessary proof to show that your reason for the contesting is valid. This includes proving that there was lack of a witness during the signing and dating of the document, potential fraud or that there was mental instability and a lack of mental capacity of the grantor when creating the document.
- Determine whether or not you are able to handle the contesting of these legal documents. Just because you want the best for those involved does not mean that you can begin such an investigation and trial. You must be one of the beneficiaries, or must anticipate the inheritance of a portion of the estate.
- Hire an attorney that has extensive experience with this area of the law. Check the references to confirm success and validity, and make sure the lawyer states their experience is in probate or will and trust contesting.
- Provide your attorney with the necessary documents or evidence for your contesting. Once you have provided the necessary documents and proof, the investigation will begin. If the proof if straight-forward the time it takes will not be long and the trial will be set for this situation.