How to Contest a Will
Sometimes, an individual may feel that the will of a loved one was not carried out as intended by the person who signed the will. If this is the case, the will can be contested. There are a limited number of grounds on which a will can be contested and the individual must go through the process in court.
- Choose a lawyer to help you contest the will. The laws regarding wills are very complex and contesting a will should not be undertaken by someone who is not familiar with the law. It is a good idea to interview several lawyers to find one who is experienced and has handled cases like yours before.
- Determine with your lawyer if you have the right to contest the will. By law, the only ones allowed to contest a will include the devisee, a beneficiary of the will or someone who would have been a beneficiary if the person died without a will.
- Determine what the grounds will be for contesting the will. The person contesting the will must have a valid reason they believe that the will was not carried out properly.
- Review the will to determine if ambiguous language was used. This may be the most common disagreement when contesting a will. The courts will read the will and make a final decision on what the will’s wording was meant to say. To help them determine this, they may ask the person who helped draft the will, if possible.
- Gather all supporting documentation if you are contesting that there is a more recent will than the one carried out. Often, this can be the case when a person changes their will when they are near the end of their life. Other reasons for contesting can include diminished capacity or undue influence when signing and lack of proper witnesses when the will was signed.
- Present any evidence to the courts, which will investigate the claim and suspend any action of the will until a decision is made.